Scars decisions — 2021

The Veteran's claims for increased ratings for left shoulder disability and bilateral plantar fasciitis are being remanded due to the need for additional evaluations.

The Veteran's tinnitus is granted as a presumptive condition due to in-service noise exposure. The initial rating for his scar, left knee status-post meniscus repair and lateral meniscectomy is granted at 10 percent. His hearing loss is found not to be service-connected. Entitlement to service connection for erectile dysfunction is remanded.

The Board has decided the issues of increased rating for postoperative right knee scars and denied effective dates prior to July 1, 2015, for service connection for a psychiatric disability and Dependency Educational Assistance (DEA). The left knee disability issue is remanded.

The Veteran's appeals for service connection on six issues have been dismissed as the Veteran has withdrawn his appeals in a completed VA Appeals Satisfaction Notice.

The Veteran's service-connected conditions do not prevent him from maintaining gainful employment, and the Board denies his claim for a TDIU.

The Veteran's service-connected left shoulder disabilities do not render him unable to secure or maintain substantially gainful employment, as his other non-service-connected conditions and age also limit his ability to work.

The Board has remanded the case for further development, including obtaining VA and private treatment records, scheduling a VA examination to assess hearing loss severity, and scheduling another VA examination to determine if the Veteran is entitled to compensation benefits under 38 U.S.C. § 1151 for abdominal surgery residuals.

The Veteran's tinnitus is granted as service-connected. The Board has expanded the psychiatric claim to include all acquired psychiatric disabilities, and it is remanded for further examination and opinion regarding these claims. Gout, right lower extremity disability, left lower extremity disability, bilateral hearing loss, chronic liver disease (including hepatitis C), and back disability are also remanded due to lack of sufficient medical evidence.

The Veteran's right elbow scar is granted service connection. The Board also found that the Veteran has a current lumbar spine disorder, but did not determine if it was related to his military service.

The Veteran's additional disability, including lung scarring with decreased pulmonary function, chronic congestion/illness, low sex drive, heart strain, sleep apnea, and allergies, was caused by VA treatment resulting in hospitalization for neutropenia with resulting pneumonia in July 2013. The Board found that the Veteran’s declining white blood cell count was not communicated to his physician until nearly two weeks after it entered an alarming range, finding this delay inappropriate. As a result, compensation under 38 U.S.C. § 1151 for additional disability due to VA treatment in July 2013 is granted.

The Board denied the Veteran's claims for a disability rating in excess of 10 percent for painful upper abdominal quadrant circular scar and for a compensable disability rating for upper abdominal quadrant circular scar. The scars are not service-connected, but rather are related to chemotherapy treatment for the Veteran’s service-connected lymphoma.

The Board has remanded the issues of service connection for low back, cervical spine, and left knee disabilities due to in-service motor vehicle accident (MVA). The Veteran's claims are referred for further examination and opinion regarding the etiology of her current disabilities.

The Veteran's sleep apnea is not service-connected, but his scars from a head laceration and right knee disability are. The rating for headaches remains unchanged.

The Board has remanded the case for further development due to insufficient medical opinions regarding the Veteran's claimed disabilities and their relationship to service.

The Veteran is granted a TDIU due to his service-connected disabilities, which prevent him from securing or following substantially gainful employment.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) and entitlement to TDIU on an extraschedular basis, finding that his service-connected disabilities did not meet the schedular criteria for a TDIU rating and were of such nature and severity as to preclude him from securing and following a substantially gainful occupation.

The Board denied the Veteran's request for an earlier effective date prior to January 12, 2012 for a separate 10 percent rating for his service-connected right anterior chest scar. The claim was filed on January 12, 2012 and the effective date assigned is based on VA examination findings from March 2012.

The Veteran's scar, healed infected cyst, left thigh was denied a compensable rating prior to August 8, 2019 and granted a 10 percent rating from that date onwards.,Service connection for pituitary microadenoma, claimed as brain lesions due to spider bite during service, was denied.

The Veteran's pilonidal cyst with residual scars resulted in one or two painful and unstable scars, which warranted a 20 percent rating. The decision is granted for this condition.

The Veteran's service-connected disabilities do not preclude him from obtaining or retaining substantially gainful employment.