Scars decisions — 2020

The Veteran's service-connected residuals of left chest thoracotomy, bronchiectasis, and left lower lobectomy with adhesions are currently rated at 30 percent. The Veteran's service-connected left chest thoracotomy scar is currently rated at 10 percent. Both conditions have not met the criteria for higher ratings under applicable rating criteria.

The Board has denied the Veteran's claims for service connection for sleep disorder, left knee condition, and right foot condition. The case is remanded to obtain additional medical opinions regarding the left knee and right foot conditions.,Service connection was not granted for obstructive sleep apnea as there is no evidence of a nexus between the current diagnosis and active duty service.

The Veteran's claim for a disability rating in excess of 30 percent for multiple shell fragment wound scars was denied as his scars are painful but not unstable, and do not have a total area equal to or greater than 929 square cm.

The Veteran's service-connected disabilities are deemed to preclude him from securing and maintaining substantially gainful employment, and the Board finds that an additional VA examination is needed to determine if his TDIU claim should be granted.

The Board has remanded the Veteran's claims for increased ratings for lumbar residuals of SFW, cervical arthritis, bilateral hearing loss, and bilateral tinnitus. The TDIU claim is also remanded.

The Veteran's claims for increased ratings for her service-connected left index finger and ulcerative colitis, as well as the claim for service connection for a bilateral eye disability secondary to her ulcerative colitis, are being remanded due to lack of recent VA examinations. The Veteran is required to provide private medical records and undergo VA examinations.

The Board denied the Veteran's claims for higher disability ratings for his left and right knee disabilities, finding that the evidence did not support a rating in excess of 10 percent.

The Board denied the Veteran's claim for total disability rating based on individual unemployability (TDIU) as his service-connected disabilities do not render him unable to secure and follow substantially gainful employment.

The Board has remanded the Veteran's claims due to incomplete records and requests for additional information.

The Board denied the Veteran's claim of CUE in a May 1970 rating decision that assigned a 10 percent evaluation for scars of the left lower extremity with retained foreign body at the calf and knee. The Board found no clear and unmistakable error, as the evidence did not demonstrate it was undebatable that a higher rating was warranted.

The Board has remanded the case due to a lack of compliance with previous directives and the need for a new VA examination to assess the combined effect of the Veteran's service-connected disabilities on his employability.

The Veteran's claims for higher ratings for residual scars from basal cell carcinoma and a separate rating for painful scars are being remanded due to the need for additional development, including obtaining medical opinions on the nature and etiology of his recent basal cell carcinoma.

The Board denied the Veteran's claims for service connection for a left elbow disorder, post-operative residuals of abdominal surgery, and an increased rating for head acne scarring. The Board found that there was no evidence to support these claims.,The Veteran's left elbow disorder is not related to his time in-service, as evidenced by pre-existing conditions noted prior to his entry into service. His post-operative residuals of abdominal surgery are already covered under a separate rating for the painful scar. The acne scarring has resolved and does not meet the criteria for an increased rating.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and evaluations. The Veteran is not entitled to service connection for prostate cancer, including status post prostatectomy with incontinence, bladder leakage, and any other residuals thereof, or residual prostatectomy scar. Service connection for a stomach disability (including duodenal ulcer and GERD) remains remanded.

The Board has remanded the claims for service connection due to outstanding VA treatment records and the need for medical opinions regarding the etiology of the Veteran's left shoulder condition, left shoulder scar, and back condition.

The Veteran's painful scars of the scrotum have been granted an increased rating to 10 percent, effective from the date of the decision. An initial compensable rating for residual scars (not associated with underlying soft tissue damage) has been denied.

The Board has denied the Veteran's claims for increased ratings for cavernous sinus tumor status post craniotomy and removal with scars, finding that the evidence does not support a rating in excess of 30 percent prior to December 31, 2013, or 10 percent thereafter.

The Veteran's claim for a higher rating for scars, post-operative, excision of lipomas of the right hip, anterior and posterior trunk with constant pain is granted from September 28, 2011.,The Veteran's claim for an initial compensable rating for all linear scars head to toe due to surgery for excision of lipomas and lung cancer is denied.

The Veteran is granted a higher 10 percent rating for his intertrigo fungus and associated painful scar in the groin area, effective from the date of service connection.

The Board has withdrawn all claims related to the Veteran's service connection and disability rating appeals due to his withdrawal requests. The right knee disorder, bilateral foot fungus, and prostate condition (claimed as large prostate) claims have been reopened based on new evidence submitted since their last denial.