Scars decisions — 2020

The Veteran's bilateral anterior chest scars are rated at 30 percent, effective February 3, 2020. His posterior chest scars remain at a 10 percent rating.

The Veteran's TDIU claim was granted since November 1, 2012, as his service-connected disabilities resulted in a combined rating of at least 70 percent and he was unable to secure and follow substantially gainful employment due to PTSD.

The Veteran is currently employed and has not been found unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to deficiencies in prior VA examinations, lack of notification regarding upcoming VA examinations, and unclear employment history. The issues include right lower extremity radiculopathy, surgical scars of the low back, PTSD, degenerative disc and joint disease of the low back, left lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the femoral nerve, and TDIU prior to April 24, 2013.

The Veteran's TDIU claim is remanded due to the need for additional development, including referral to VA’s Director of Compensation and Pension service for consideration under 38 C.F.R. § 4.16.

The Veteran's claim for an evaluation in excess of 30 percent for his scar on the lip is denied.,The Veteran's claim for an evaluation in excess of 10 percent for pseudofolliculitis barbae (PFB) prior to August 22, 2019, and an evaluation in excess of 30 percent thereafter is remanded.

The Veteran's service connection for PTSD and scars, status post gall bladder removal and left arm shrapnel wound scar was granted with an effective date of March 17, 2017.

The Board has remanded the Veteran's claims for entitlement to service connection for anxiety, sleep apnea, a heart disability, and a skin disability (including actinic keratoses and bleeding knuckles) due to unresolved issues. The claim for melanoma on the abdomen with residual scar remains denied.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for higher ratings under the applicable diagnostic codes, and his service connection claims were granted based on direct evidence of a nexus to service.

The Veteran's appeal for a higher rating for PTSD and painful residual scar, pilonidal cyst, status post excision was denied. The Veteran also appealed for TDIU based on his service-connected disabilities, which was granted.

The Board has remanded the Veteran's claim for an initial compensable rating for chemical dermatitis due to a lack of specific information regarding the extent and frequency of flare-ups. The case is being returned for further development.

The Board denied compensation under 38 U.S.C. § 1151 for injuries sustained in an aviation accident during vocational training, finding that the Veteran did not have a service-connected disability at the time of the injury and thus was not eligible for chapter 31 benefits.

The Veteran's appeal includes multiple issues related to his service-connected and non-service-connected disabilities, including ratings for various conditions. The AOJ is instructed to obtain the Veteran’s SSA records and update VA treatment records before readjudicating these claims.

The Veteran's claim for service connection for left knee arthroscopy scar, associated with his service-connected left knee disability is granted from the effective date of February 12, 2010. The matter of entitlement to an initial compensable rating for left knee arthroscopy scar prior to January 22, 2020 and in excess of 10 percent thereafter remains on appeal.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination to assess the current severity and manifestations of his service-connected disabilities.

The Veteran's service-connected disabilities rendered him unemployable, and the Board granted his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for effective dates earlier than August 4, 2017 for the grant of service connection for right hip flexor strain with limitation of extension and right elbow medial epicondylitis are denied.

The VA denied the agent's fees for past due benefits awarded in January 2017, as the fee agreements were not valid and S.S. no longer had power of attorney.

The Board has remanded the cases for additional development, including a VA gynecological examination by a physician to assess the severity of the Veteran's residuals of her cesarean section.

The Veteran's service-connected skin disabilities do not meet the criteria for a TDIU as they are rated at 50% and do not satisfy the percentage requirements. The Board found that his skin disabilities do not prevent him from obtaining and maintaining substantially gainful employment.