Scars decisions — 2021

The Veteran's diabetes mellitus is granted service connection and rated at 10%. The right and left great toe scars are granted a 10% rating. The Veteran's migraine headaches remain at the maximum schedular rating of 50%. Service connection for a back disability, including as secondary to service-connected disabilities, and sleep apnea are remanded.

The Veteran's claims for increased ratings were denied. The residual scars previously scars, removal of swollen lymph nodes are not rated as compensable. The chronic headaches prior to January 24, 2020 and the relapse fever (previously fever, night sweats) prior to January 24, 2020 are each granted a 10 percent rating. The carpal tunnel syndrome of the right hand prior to January 24, 2020 is granted a 10 percent rating and the carpal tunnel syndrome of the left hand prior to January 24, 2020 is denied higher than a 10 percent rating. Multiple joint pain prior to January 24, 2020 is not rated as higher than 10 percent. The idiopathic pulmonary fibrosis prior to January 24, 2020 is also not rated as higher than 30 percent.

The Board has remanded the Veteran's claims for hypertension and bilateral foot disorders due to potential secondary service connection, requiring additional medical opinions.

The Veteran's TDIU for the period prior to October 5, 2011 is granted due to his service-connected PTSD preventing him from obtaining and retaining substantially gainful employment.

The Veteran's service-connected knee disabilities are preventing him from securing and following substantially gainful employment, with reasonable doubt resolved in his favor.

The Board has decided to remand the case due to the need for an adequate medical assessment and additional treatment records.

The Veteran's service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment prior to September 27, 2011.

The Veteran's right lower extremity radiculopathy is granted as secondary to his service-connected T12 compression fracture. The Veteran's left mandible fracture, chin and neck scar, status post T12 compression fracture, left sciatic nerve paralysis, right index finger shrapnel injury, right knee disorder, left knee disorder, bilateral toenail fungus, and bilateral hearing loss are all denied or granted with specific ratings.

The Board has granted the Veteran's claim for a total disability rating due to individual unemployability (TDIU) based on his service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD and a shell fragment wound of the left leg with a fracture, have rendered him unable to work since July 2005. The Board has granted his claim for TDIU on an extraschedular basis from July 1, 2005.

The Veteran's right lower extremity radiculopathy is granted service connection. The earlier effective date for TDIU from June 30, 2012 is granted. The rating in excess of 10 percent for recurrent abscesses with lichen simplex chronicus and residual scarring and tension headaches are remanded.

The Board has remanded the cases due to incomplete records and need for further examination. The Veteran's claims for service connection for headaches and head scar are contingent on obtaining missing records.

The Veteran's service connection claim for a heart disability is denied, and his claims for increased ratings are all denied. The Board finds no evidence to support the Veteran's assertions of in-service exposure to herbicides or other incidents that would warrant presumptive service connection.

The Board denied service connection for obstructive sleep apnea (OSA) and continued the current 40 percent evaluation for the service-connected status post radical cystoprostatectomy with neobladder diversion and residual scars.,The Veteran's OSA was not found to be related to his service, including exposure to firing ammunition in a confined space. The Board also determined that the Veteran’s OSA is not caused by or aggravated by his service-connected condition.

The Veteran's service-connected hemorrhoids have been granted. The Veteran's hypertension and scar of the right leg are denied, but his bilateral hearing loss is rated at 10 percent.

The Veteran's claim for a headache disorder was denied as he does not have a current diagnosis of a chronic headache disability.,The effective date for the grant of service connection for depressive disorder with anxiety and anxiety is set at September 12, 2013, which is when the Veteran filed an informal claim.,The effective date for the grant of service connection for dermatitis is set at October 7, 2013, based on a telephone call from the Veteran to VA requesting service connection for his skin rash and other disabilities.,The effective date for the grant of service connection for a scar due to back surgery is set at July 8, 2014, which is when the Veteran underwent the surgery resulting in the scar.,The Veteran's claim for an initial evaluation greater than 10 percent for his service-connected dermatitis was denied as it does not meet the criteria for such a rating under the applicable VA regulations.,The Veteran's claim for TDIU due to his service-connected disabilities is granted.

The Veteran's claim for a rating of 10 percent for right knee scars prior to May 10, 2019 is granted. The claim for a rating in excess of 10 percent from May 10, 2019 is denied due to lack of evidence of three or four painful scars.

The Board has determined that additional development is needed for the Veteran's claims regarding his service-connected bilateral knee and left quadriceps disabilities, including obtaining outstanding VA treatment records and conducting new orthopedic examinations to assess the current severity of these conditions.

The Veteran's right ear disability, characterized as minimal scarring and small, superior retraction pocket of the tympanic membrane, is rated at non-compensable. The Board denied an increased rating for this condition due to lack of compensable basis under Diagnostic Code 6200.

The Veteran's claims for earlier effective dates and initial ratings have been dismissed due to the Veteran withdrawing his appeals.,Service connection has been granted for residuals of left arm burn scar.