Scars decisions — 2020

The Veteran's service-connected disabilities prevent him from securing or following a substantial gainful occupation.

The Board found that the Veteran's VA Form 9 was untimely and denied his claims for service connection due to lack of timely appeal.

The Veteran's claims for facial injury residuals and head, neck, and face scars have been denied as there are no current disabilities. The service-connected back disability has also been denied with a rating of 20 percent being the highest possible under the applicable criteria.

The Veteran's appeals for increased ratings for his right hip scars and right thigh disabilities have been dismissed as the Veteran requested a withdrawal of the appeal.

The Veteran's service-connected painful vertical scar is rated at 10 percent, which is the maximum rating available under DC 7804.,The Veteran's non-linear deep vertical scar and nonlinear superficial left lower quadrant scar are both rated as noncompensable.

The Board has reopened the claims for service connection for a back disability and hemorrhoids, but has determined that further development is needed to address the remaining issues of service connection for lumbosacral spine disability, left leg disability (including radiculopathy and leg shortening), forehead scar, and psychiatric disability. The decision on these issues will be remanded.

The Board has remanded several issues related to the Veteran's service-connected conditions, including evaluations and service connection for various disabilities. The Veteran is also required to provide VA treatment records from September 2018 onwards and undergo examinations for his current disability levels and etiology.

The Veteran's service-connected disabilities, including right lumbar radiculopathy, left lower extremity radiculopathy, lumbar strain, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has referred the case for extra-schedular consideration as it may be sufficient to warrant an extraschedular TDIU.

The Veteran's service-connected disabilities rendered her unable to secure or follow a substantially gainful occupation from November 6, 2015 until June 14, 2016. The Board granted TDIU for this period.

The Board has remanded the case for further examination and opinion regarding service connection for residuals of an in-service tongue injury, including speech impediment, scars on the tongue, drooling, difficulty swallowing, and painful speaking, chewing or drinking.

The Veteran's claim for service connection for PTSD has been granted. The Board also remanded the claims for neck condition, migraines, left shoulder disability, and right ankle disability due to lack of medical nexus opinions.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development.,Specifically, the Board is requesting that SSA provide any underlying medical records used in their March 2012 decision on the Veteran's right lower extremity radiculopathy claim.

The Veteran's service-connected disabilities did not meet the schedular rating requirements for a TDIU prior to December 20, 2017. The Board found that he was actually working at that time and therefore denied his claim.

The Veteran's claims for increased ratings of her knee and ankle disabilities, as well as a painful hernia scar, have been denied. The criteria for higher ratings under the applicable VA rating schedules were not met.

The Veteran's residual scars from breast reduction surgery are rated at 30% effective July 15, 2019. The rating for chronic lumbar strain with facet arthropathy is granted but not in excess of 10%. Radiculopathy of the left lower extremity is separately rated at 20%.

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

The Veteran's claim for service connection for scar, right knee was denied in a February 2012 rating decision. The Board found no new and material evidence to reopen the claim.,Initial ratings of 40 percent and 30 percent were denied for left breast cancer, status post mastectomy, and prophylactic right mastectomy respectively. The Veteran's scars associated with her bilateral mastectomies are rated at 10 percent.

The Veteran's lumbar strain disability is being remanded for further examination and rating. Other service connection claims are also being remanded due to the need for additional examinations.

The Veteran's claims for increased ratings of her service-connected right knee, right foot, and right wrist disabilities were denied. The medical evidence did not support higher ratings based on the severity of her symptoms.