Scars decisions — 2020

The Veteran's claim for a higher rating for his keloid scar left inguinal region was denied as the evidence did not show that it warranted a rating in excess of 10 percent.,The Veteran's claim for a higher rating for scars, midline infraumbilical and suprapubic prior to June 26, 2019, was denied because he did not have five or more painful or unstable scars. After June 26, 2019, the Veteran's claim for a higher rating for scars, midline infraumbilical and suprapubic was also denied as his service-connected scars were already assigned the maximum schedular rating available.

The Veteran has withdrawn his appeals for increased ratings in excess of 10 percent for lumbar spine strain, chronic patellofemoral syndrome of the left knee, chronic rotator cuff syndrome of the right shoulder, painful scar of the right ankle, and chronic tendonitis of the left first metatarsophalangeal joint.

The Board has remanded the cases for further development and an opinion regarding whether hypertension is related to service. Service connection for GERD and left ear scar disability remains denied.

Service connection is granted for left and right foot bunions, parasthesia of the right lip, chin, and tongue, tinnitus, and a laparotomy scar.,Remaining claims are being remanded to obtain additional medical opinions.

The Veteran's increased rating claim for his service-connected cyst excision scar on the bridge of the nose was denied as there is no probative clinical or lay evidence showing visible or palpable tissue loss and either gross distortion or asymmetry of one feature, warranting a higher 30 percent rating under Diagnostic Code 7800.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining a substantially gainful occupation, and the claim for TDIU is denied.

The Board has remanded several service connection claims due to the submission of new and material evidence.

The Board denied the Veteran's claim for service connection for left eye blindness, finding that his chorioretinal scar and optic atrophy existed before service and were not aggravated by it. The right eye vision disability claim was remanded.

The Board has remanded the claims of service connection for an aortic valve disorder and scars due to incomplete medical opinions and the need for further clarification on the progression of the Veteran's CAD.

The Board denied the Veteran's claims for service connection for left foot drop and a disability characterized by brain scarring, including multiple sclerosis. The evidence did not support a finding that these conditions began during active service or were related to an in-service injury or disease.

The Board denied an initial compensable rating for the Veteran's back of head scar, finding that it did not meet the criteria for a compensable rating under DC 7800 due to lack of visible or palpable tissue loss and no characteristics of disfigurement.

The Veteran's claim for TDIU is remanded due to changes in her service-connected disabilities and the need for a new examination to assess her employability.

The Veteran's claim for a higher rating for discoid lupus erythematous with scarring alopecia was denied, as the condition did not meet the criteria for an increased disability rating.,The Veteran's claim for TDIU was granted due to her service-connected disabilities preventing her from securing or following substantially gainful employment.

The Board has decided to remand the Veteran's claims for scars, residuals of squamous cell carcinoma and actinic keratosis due to insufficient examination reports. The VA needs to conduct further examinations to determine the extent of these disabilities.

The Board dismissed the appeals for service connection of duodenal ulcer, GERD, and pneumonic lung scarring as the appellant withdrew his claims through his authorized representative.

The Board has granted service connection for bilateral eye disorder and jaw disability, but denied service connection for left upper arm disorder.

The Board granted service connection for a lower back disability as secondary to the Veteran's service-connected disabilities and denied an initial compensable rating for his left knee scar.

The Veteran's claim for an effective date earlier than September 13, 2012 for the grant of a TDIU rating and DEA benefits under 38 U.S.C. Chapter 35 was denied as there is no evidence showing he was precluded from securing or following a substantially gainful occupation due to his service-connected disabilities prior to that date.,The Veteran's combined disability ratings did not meet the threshold criteria for consideration of a schedular TDIU rating prior to September 13, 2012. However, VA policy allows for an extraschedular TDIU rating if the evidence shows he was unemployable due to service-connected disabilities.

The Board has ordered reconsideration of the claims for service connection for left breast cancer, two left breast scars, and a right breast scar. The case is being remanded to obtain qualifications of the VA physicians who provided medical opinions in this case.

The Veteran's appeals for increased disability ratings and service connection have been dismissed due to his death.