Scars Board decisions

The Board has decided to remand the service connection claims for various disabilities, including low back, neck, knee, ankle, and foot injuries sustained during military service. The Veteran's contentions include injuries from falling off helicopters and hitting his head and back in 1999, as well as knee and ankle injuries in 2000. VA is instructed to schedule the Veteran for an examination to determine if these disabilities are related to his service.

The Veteran's service-connected disabilities, including Scheuermann's Disease and bilateral lower extremity radiculopathy, rendered him unable to secure and maintain gainful employment prior to May 25, 2017. The Board granted a TDIU effective April 3, 2011.

The Veteran's left calf scar is granted service connection as a residual of an in-service shrapnel wound.,A 10 percent rating for the residual scar associated with his left forearm shrapnel wound is granted.

The Veteran's appeals regarding service connection and disability ratings for various foot conditions have been dismissed. The Board also granted TDIU from July 11, 2014 to June 1, 2015.

The Veteran's service connection claims for right lower extremity radiculopathy, PTSD, and a back scar are denied. Effective dates earlier than July 20, 2013 for the awards of service connection for these conditions are also denied.

The Board has granted service connection for tonsil cancer, scars as secondary to tonsil cancer, salivary disorder as secondary to tonsil cancer, and loss of teeth as secondary to tonsil cancer (for VA dental treatment purposes).

The Board has granted the Veteran's appeal and reinstated his claim as his representative was not provided a copy of the SOC until after the 60-day period had expired.

The Veteran's claim for service connection of tinnitus is granted. The left index finger and donor site scar on the forearm are each rated with a 10% disability rating, effective May 17, 2018. An earlier effective date of November 15, 2016 is granted for the grant of service connection for the scar on the eyebrow.

The Veteran's request for a compensable rating for a scar on the right lower fibula is denied. The issue of service connection for a left ankle disability is remanded due to a duty-to-assist error.

The Board has found that the AOJ did not request evidence from the Veteran regarding his attempts to obtain licensure in social work and marriage and family therapy, nor did they provide a functional capacity evaluation by a vocational rehabilitation counselor. The case is being remanded for these actions.

The Veteran's appeal for a rating in excess of 10 percent for hallux valgus and a compensable rating for the scar on his left big toe were both denied. The hallux valgus is currently rated at 10 percent, which is the maximum allowed under DC 5280.

The Veteran's appeal for an increase in her rating for a left foot disability, which is rated as metatarsalgia and painful scar associated with metatarsalgia, has been denied. The maximum allowed rating of 10% is the highest available under Diagnostic Code 5279.

The Board has decided to remand the case due to a lack of VA examination, and requests additional evidence from the Appellant. The Veteran's service connection claim for post-operative pilonidal cyst scar is being reviewed.

The Board denied the Veteran's claims for clothing allowances for a brace used for his service-connected back disability and topical medication used for his service-connected eczema in 2018, as there was no evidence that these items caused significant damage to his clothes.

The Board has determined that the Veteran's service-connected PFB, right great toe injury with residual scar, left knee disorder, right knee disorder, left hip disorder, and right hip disorder may have increased in severity since the last VA examinations. Therefore, a remand is necessary to schedule the Veteran for contemporaneous VA examinations to assess his current disability levels.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, which is granted for increased special monthly compensation.

The Board has remanded the issues of service connection for PTSD and a skin condition of the nose and back, as new evidence was received that relates to these conditions. The Veteran's other claims have been decided.

The Board has remanded the cases of low back disability and residuals of prostatitis for further examination to determine if service connection can be established due to potential aggravation by a service-connected psychiatric condition.

The Veteran's service-connected disabilities do not render him unemployable, as his mental and physical limitations limit his occupational opportunities but are not shown to be such as to preclude all forms of substantially gainful employment.

The Veteran's PTSD is rated at 50 percent, effective from the date of this decision. TDIU is granted beginning December 30, 2013.