Scars decisions — 2018

The Veteran's service-connected disabilities do not render him unable to obtain and secure substantial gainful employment.

The Veteran's service-connected disabilities do not preclude him from securing or following all forms of substantially gainful employment.

The Veteran's major depressive disorder is granted as service connected. Service connection for cervical spine, lumbar spine, right shoulder, left knee, and right knee disorders are restored due to improper severance of service connection.

The Veteran's claim for service connection for chronic sinusitis and rhinitis is denied. A rating of 10 percent is granted for multiple, noncompensable service-connected disabilities from March 27, 2009, to February 18, 2015. The claim for a higher rating for superficial scars is denied. A rating of 10 percent is granted for rhinitis as of February 19, 2015.

The Veteran's service-connected head scar is currently rated as noncompensable. The Board has determined that a remand is necessary to ensure an adequate examination of the scar and determine if it warrants a higher rating.

The Veteran's memory loss is found to be proximately due to his service-connected CAD, and the claim for secondary service connection is granted.

The Veteran's service-connected scar to the left foot is currently rated as non-compensable. The Board finds a new VA examination is needed due to persistent moderate pain and requests for information regarding the severity, frequency, and duration of any flare-ups.

The Veteran's service-connected disabilities, including major depression and orthopedic conditions such as left knee and right thumb injuries, have rendered him unable to maintain substantially gainful employment.

The Board has remanded three issues related to the Veteran's service-connected disabilities: degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity. The reasons for this are that the most recent VA examination report is inadequate in several aspects.

The Veteran's claims for increased ratings have been granted, with the exception of his claim for a compensable rating for left elbow olecranon bursitis. The remaining conditions are rated based on their current manifestations.

The Veteran's claim for CRSC designation of his right foot plantar fasciitis is dismissed. A compensable rating (10%) is granted for the residual scar from the right plantar release surgery.

The Board has remanded the Veteran's claims for additional development, including obtaining VA and SSA records, conducting a VA examination, and considering TDIU.

The Board has remanded the Veteran's claims for service connection for a scalp disorder and involuntary movements, finding that additional development is needed to address the medical opinions provided.

The Veteran's service-connected disabilities, including his right and left shoulder disorders in conjunction with the right knee disorder, rendered him unable to secure and follow a substantially gainful occupation prior to September 19, 2011.

The Board denied the appellant's request for a higher rating for his bilateral hearing loss and also denied his claim for TDIU due to service-connected disabilities. The Board found that the evidence did not support a higher rating for the hearing loss, as it was rated at 30 percent, which is the maximum schedular rating available under VA guidelines. For TDIU, the Board determined that the appellant's combined disability ratings were sufficient to meet the criteria but concluded he could still maintain substantially gainful employment due to his work history and current physical condition.

The Veteran's appeals have been dismissed as he has withdrawn his requests for increased disability ratings in the aforementioned conditions.

The Veteran's service-connected coronary artery disease with post-surgical scars is rated at 60 percent, but the Board finds that this rating adequately reflects his disability and does not meet the criteria for a higher rating.

The Veteran's left hip arthroplasty with scar is granted a disability rating of 70 percent from February 1, 2008 to September 19, 2016. For the period commencing September 20, 2016, his disability rating remains at 70 percent. The Veteran's TDIU claim is also granted.

The Veteran's service-connected disabilities have at least as likely as not prevented her from engaging in substantially gainful employment since November 21, 2011. The Board finds TDIU is warranted as of November 21, 2011 based on the evidence currently of record.

The Veteran's service-connected disabilities have been shown to be of such severity as to preclude substantially gainful employment since August 28, 2009. The Board has granted a TDIU effective from that date.