Scars decisions — 2022

An earlier effective date of January 29, 2015 for service connection for the right cheek scar is granted.,An earlier effective date of January 29, 2015 for a 20 percent rating for the left clavicle disability is granted.

The Veteran's headaches and related disabilities were found to meet the criteria for a TDIU on an extraschedular basis, effective April 4, 1986. DEA benefits were also granted as of that date.

The Veteran's right ankle sprain, tinnitus, and bilateral hearing loss are all granted. However, the Board has determined that additional evidence is needed for service connection on issues related to gastroesophageal reflux disease (GERD), headaches, left knee disorder, left thumb scar, and joint pain.

The Veteran's claims for higher ratings on multiple service-connected conditions are being remanded to the RO/AMC for further development and consideration.,Issues include scars of the left abdomen, scar of the posterior trunk (back), residuals status post gunshot wound to the abdomen, residuals status post gunshot wound to the lower back, PTSD, tinnitus, lumbosacral strain, and left lower extremity radiculopathy.

Your appeals for increased disability ratings have been dismissed due to the appellant's death. The Board has no jurisdiction to proceed with these claims.

The Veteran's service-connected conditions do not meet the criteria for a higher level of SMC based on need for aid and attendance, as he is already receiving SMC at the (l) rate.

The Board has remanded several claims for service connection and effective dates, including those related to spondyloarthritis with spondylolisthesis, lumbar strain, posterior central disk protrusion and cauda equina compression, as well as various radiculopathy conditions. The Veteran's complete VA treatment records prior to January 2002 are requested for review.

The Veteran's claims for higher ratings for his service-connected back, knee, and ankle disabilities are being remanded due to the need for additional examinations addressing the nature and severity of these conditions.

The Veteran's right thumb fracture and scar have been rated based on their specific manifestations under the appropriate diagnostic codes. The appeal for higher ratings remains pending.,TDIU was remanded due to its interdependence with other issues in this case.

The Board has remanded the case due to a lack of an addendum opinion addressing the etiology of the Veteran's claimed residuals of TBI, specifically related to a 1977 motorcycle accident. The examiner should address whether it is at least as likely as not that the Veteran has any residuals from a TBI that had their onset in or are otherwise related to his military service.

The Veteran's service connection claim for an acquired psychiatric disorder, to include PTSD, is denied as there is no evidence of a current disability.,The Veteran's GERD and pilonidal scar claims are both denied as the evidence does not support the assignment of any compensable ratings.

The Veteran's lumbar spine arthritis with degenerative disc disease is granted as service-connected.,The Veteran's right and left lower extremity radiculopathy are also granted as service-connected.

The Veteran's hearing loss and tinnitus claims have been denied as there is no evidence of current disabilities for VA compensation purposes.,The Veteran's low back condition, left shoulder condition, stress headaches, right lower extremity peripheral neuropathy (secondary to a service-connected low back condition), right hand scars, and dermatophytosis are all being remanded for further evaluation.

The Veteran's claims for initial compensable ratings for residuals of non-small cell lung cancer, left posterior trunk scars, and left anterior truck scars have been denied as the medical evidence does not support a higher rating based on current disability levels.

The Veteran's service-connected laceration / scar to the RIGHT posterior tibial area is rated at 10 percent, effective from July 2013. The Board granted a separate, additional 10 percent rating for painful residuals of the laceration / scar. Service connection was established for secondary knee arthralgia and denied for bilateral hip, ankle, and foot disorders.

The Board has remanded the Veteran's claims for left upper extremity disability, left knee disability, sinusitis, allergic rhinitis, hypertension, irritable bowel syndrome (IBS), and gastroesophageal reflux disease (GERD) due to insufficient evidence of improvement in his conditions under ordinary conditions of life and work.

The Board denied service connection for the Veteran's claimed back disability, right hip disability, sleep apnea, and right hand scar as there was no evidence of their onset in service or within one year following discharge. The Board found that arthritis of the spine or hip did not manifest to a compensable degree within one year of discharge.

The Veteran's appeal for a higher rating and SMC based on loss of use of the left foot is remanded due to incomplete VA examination reports. The Board requires additional retrospective medical findings to determine if there is effective function remaining other than that which would be equally well served by an amputation with prosthetic.

The Board has decided to remand the cases for further development due to new evidence received after the October 2018 SOC. The VA will review this additional evidence and arrange for any necessary examinations.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment based on his educational and occupational background.