Scars decisions — 2020

The Veteran's initial compensable ratings for right and left knee scars have been denied. The Board has remanded the claims due to insufficient information regarding additional functional loss or limitation of motion experienced during flare-ups of pain.

The Veteran's appeal for increased ratings and TDIU was denied. The Board found that the Veteran did not meet the schedular criteria for a higher rating prior to July 30, 2014, and his bilateral pes planus alone does not qualify him for TDIU based on service-connected disabilities.

The Veteran's claims for increased disability ratings and reduction of the rating for rhinitis were denied. The Board found that his anxiety disorder, sinusitis, rhinitis, bilateral hearing loss, hemorrhoids, appendectomy scar, right middle finger scar, and TDIU claims did not meet the criteria for higher ratings under the applicable VA Schedule for Rating Disabilities.

The Veteran's scars of the right ankle/foot, right knee, left middle finger and thumb, right hand palm/wrist, and status post total matrixectomy of the right hallux are granted a 30 percent disability rating. The Veteran's PTSD is granted a 50 percent disability rating.

The Board has decided to remand the issues of entitlement to evaluations for various service-connected disabilities due to the need for additional development, including new examinations.

The Veteran's claims for service connection for various conditions are being remanded due to the need for additional medical examinations and updated treatment records.,The Board is also remanding several other issues, including an initial rating in excess of 30 percent for PTSD, increased ratings for left ankle status post-sprain with instability and shin splints, right knee medial collateral ligament/meniscal tear with grinding/popping, and an initial compensable rating for left ear hearing loss.

The Veteran's tinnitus is granted service connection. Service connection for prostate cancer and its residuals (scar) are denied, as well as a temporary total rating for convalescence following prostatectomy.

The Veteran's claims for increased ratings and restoration of a rating are being remanded due to the need for additional medical examinations and the submission of outstanding private treatment records.

The Board has decided to remand the Veteran's claims for increased disability ratings due to a lack of recent VA examination and outstanding VA treatment records.

The Veteran's claims are being remanded to obtain outstanding records of VA and VA-authorized treatment, including scanned/VistA imaging records. The right knee increased evaluation claims are also remanded for an adequate medical examination.

The Board has remanded the claims for an increased rating for bilateral pes planus and TDIU prior to June 4, 2015. The Veteran's service-connected conditions include bilateral pes planus, glaucoma, GERD, right ankle sprain, scar, cervical spine strain degenerative disc, bilateral shin splints, asthma, and tinea pedis.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities have not precluded him from securing or following substantially gainful employment.

The Veteran's claim for an initial rating in excess of 10 percent for scar of the left lumbar area status post shell fragment wound is being remanded due to lack of substantial compliance with previous remand directives.

The Veteran's bladder disorder with residual scar is denied as it was a reasonably foreseeable complication of the uroscopy and stone removal procedures, for which he provided informed consent.

The Veteran's TDIU claim was granted from April 19, 2016 due to his service-connected disabilities. The decision also noted that the grant of TDIU did not affect the effective date of special monthly compensation (SMC).

The Board has remanded the Veteran's claims for service connection and rating determinations due to failure to attend VA examinations. The claims are being returned for further development.

The Veteran's tinea versicolor, affecting 20 to 40 percent of exposed body area, is granted a 30 percent initial rating from August 1, 2012. Other service connection claims are denied.

The Veteran's claim for service connection for open-angle glaucoma suspect with a left eye corneal scar was granted effective May 1, 2001. The decision is based on the merits of the case and not due to any new evidence or a presumption.

The Veteran's claim for an earlier effective date for a 30 percent evaluation for his service-connected penetrating shell fragment wound of chest and abdomen with 6th left rib deformity, residual scarring, traumatic and operative was denied. The Board found that the criteria for a 30 percent rating were not met prior to February 15, 2017.

The Board has reinstated service connection for PTSD and granted entitlement to a TDIU based on the Veteran's multiple service-connected disabilities preventing her from securing or following a substantially gainful occupation.