Scars Board decisions

The Board has remanded the claim for burial benefits due to inextricably intertwined claims pending at the time of the Veteran's death, including a claim for an initial compensable rating for residual burn scar left lateral thigh and a claim to reopen service connection for asthma. The appellant is given another opportunity to provide additional information and/or evidence pertinent to these claims.

The Veteran's appeal is being remanded for further development and readjudication of his claims, including consideration of a temporary total rating under 38 C.F.R. § 4.30 due to the right eye corneal transplant surgery.

The Board has determined that there was clear and unmistakable error in the October 2009 rating decision denying service connection for facial scars, and has granted an effective date of July 16, 2009.

The Board has determined that the Veteran's service-connected disabilities have increased in severity since her last VA examination, and she is therefore required to undergo new examinations to determine the current severity of her conditions.

The Veteran's service connection claims for bilateral hearing loss and lower back disability are denied. The lower back disability claim is remanded, as well as the left hand status post ring finger fracture claim.

The Veteran's clothing was damaged by his service-connected knee braces, and he is granted a clothing allowance for 2014.

The Board denied service connection for low back disorder, erectile dysfunction, spinal stenosis operation scar, left lower extremity numbness in left toes and ache in lower back and pelvis, and right lower extremity numbness in right toes and ache in lower back and pelvis. The claim was also denied as secondary to a service-connected disability.

The Veteran's claim for service connection for ischemic heart disease to include as due to exposure to certain herbicide is granted.,The Veteran's claim for service connection for scars of the chest and left arm as secondary to treatment for ischemic heart disease is granted.,New and material evidence has been submitted to reopen a previously denied claim for irritable bowel syndrome (IBS) previously claimed as gas in the abdomen, and this claim is now reopened.,The Veteran's claim for service connection for removal of left testicle is remanded.

The Veteran's prostatectomy scars were not shown to be painful or unstable and did not limit the function of the affected parts. Therefore, an initial compensable rating for these scars is denied prior to February 1, 2017.

Service connection for sinusitis is granted, and a 10 percent rating is assigned.,A 10 percent rating is granted for left eye corneal scarring. The condition does not cause visual impairment or incapacitating episodes.

The Board has denied service connection for obstructive sleep apnea and remanded the issues of service connection for left shoulder disorder, right shoulder disorder, degenerative arthritis of the neck, and initial ratings in excess of 10 percent for left knee tendonitis and right knee tendonitis. The Veteran's facial scarring is rated as a disfigurement with one characteristic of disfigurement warranting a 10% rating. Service connection for pseudofolliculitis barbae with scarring has been granted but no compensable rating assigned.

The Veteran's appeal is remanded due to the need for additional medical evidence and a new VA examination.

The Board denied earlier effective dates for service connection, SMC, and a scar of the abdomen related to a hysterectomy. The Veteran's claims were not filed prior to April 28, 2016.

The Board has remanded the issues of entitlement to higher initial ratings for scars with disfigurement due to pseudofolliculitis barbae and a painful scar, as well as the earlier effective date claims. The Veteran's service-connected scars have been assigned separate 10 percent ratings based on one painful scar and one characteristic of disfigurement (scar measuring 5 or more inches).

The Veteran's use of Menthol/M Salicylate topical cream for arthritis pain is not eligible for a clothing allowance as it was not prescribed for a skin condition due to any service-connected disability.,The Veteran’s back brace, which she uses for her service-connected DDD of the low back, does not qualify for a clothing allowance because it is made of soft material and does not cause wear or tear on clothing.

The Veteran's hypertension is denied as not related to service.,His multiple scars of the forehead with slight disfigurement are rated at 10% and no higher rating is granted.,Compensation under 38 U.S.C. § 1151 for residuals of spinal fusion is remanded.,The Veteran's PTSD is rated at 70%, but a higher rating is not granted.,An effective date earlier than October 13, 1970 for the award of service connection for multiple scars of the forehead with slight disfigurement and an effective date earlier than December 5, 2013 for tinnitus are denied.

The Board denied the Veteran's claim for service connection for the cause of his death and denied DIC benefits, finding that none of his service-connected conditions contributed to his death.

Service connection for a laceration scar on the right side of the forehead, to include numbness is granted.,A compensable rating of 10 percent, but no higher, for a laceration scar, mid forehead above the left eyebrow with retained foreign body is granted.

The Board found that the reduction in ratings for left forehead scar and TBI residuals was proper based on improvements observed over time.

The Veteran's service-connected disabilities have been assigned an effective date of January 1, 2017, which is the day after his separation from active duty.,The Veteran has filed a claim for earlier effective dates for various service-connected conditions. The Board finds that these claims are denied as the earliest possible effective date allowed by law is January 1, 2017.