Scars decisions — 2020

The Veteran's left breast scar is not considered disabling and does not meet the criteria for a compensable evaluation.,The Veteran’s right ovarian cyst does not require continuous treatment and does not meet the criteria for a compensable evaluation.,The Veteran’s migraines do not have characteristic prostrating attacks averaging one in two months, thus not meeting the criteria for a compensable evaluation.,The Veteran's acne on her face, chest, and back is superficial and does not cover an area of 144 square inches or greater, thus not meeting the criteria for a compensable evaluation.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities, including lumbosacral spine strain and degenerative disease, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee meniscectomy residuals, right knee patellofemoral syndrome, right knee recurrent subluxation, left knee patellofemoral syndrome, tinnitus, and other conditions, make him unable to secure or follow substantially gainful employment. The Board has granted the Veteran's claim for TDIU.

The Veteran's service-connected conditions, including PTSD, prostate cancer, erectile dysfunction, and a residual scar associated with prostate cancer, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on the combined disability rating of 70 percent.

The Veteran's claims for service connection for a left leg stress fracture, right knee disability, and generalized arthritis have been denied. The claim for residuals of bilateral inguinal hernia has resulted in a denial with respect to the initial rating assigned but granted a non-compensable rating prior to August 21, 2009, and a 10 percent rating thereafter.

The Board has remanded the Veteran's claims for additional development, including obtaining medical records and determining whether he is entitled to a compensable rating for right foot pes planus.

The Veteran's back condition is denied as not related to service.,The Veteran's right upper extremity CTS with median nerve compressive neuropathy does not meet the criteria for a rating greater than 30 percent.,The Veteran's left upper extremity CTS s/p carpal tunnel release with residual scar does not meet the criteria for a rating greater than 20 percent.

The Veteran's claims for a compensable evaluation for postoperative surgical scars and an increased evaluation for postoperative residuals are remanded due to the need for additional development, including obtaining medical examinations.

The Veteran's appeal for a higher rating for depressive disorder with anxious mood (PTSD) is denied as the symptoms do not meet or approximate the criteria for a disability rating in excess of 50 percent.,The Veteran's right hypothenar eminence scar does not warrant a compensable disability rating due to lack of other disabling effects not considered under Diagnostic Codes 7800-04.,The issue of an initial disability rating in excess of 10 percent for ataxia cerebellar with diplopia and dysarthria is remanded as the onset date of the condition needs clarification, and authorization to obtain relevant private treatment records is required.,The Veteran's claim for TDIU is also remanded due to his assertion that he is unemployable due to service-connected disabilities.

The Veteran's initial compensable rating for a scar status post colon resection prior to February 12, 2020 is denied.,Service connection for a skin rash disability secondary to his service-connected scar status post colon resection is granted. The Board finds that the current skin rash existed during the rating period and was proximately due to or the result of his service-connected scar status post colon resection.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to January 18, 2008. From January 18, 2008 onward, the Board finds that his service-connected disabilities prevented him from securing or following a substantially gainful occupation.

The Board has denied the Veteran's claim for service connection for pregnancy and miscarriage residuals as there is no evidence of a current disability related to these in-service events.

The Veteran's appeal is remanded for further evaluation of his left ankle scars, corneal scarring, and TDIU.

The Veteran's service-connected scars of the chest, bilateral legs, and right forearm are being remanded for further evaluation due to conflicting information regarding their severity.

The Veteran's claim for VR&E benefits is being remanded due to changes in his service-connected disabilities and the need for a new vocational rehabilitation assessment considering all evidence of record.

The Veteran's claim for TDIU was denied as he did not meet the schedular criteria and there is no evidence of unemployability due to service-connected disabilities.

The Veteran's claims for increased ratings, a compensable rating for a scar, and service connection for sleep apnea are being remanded due to the need for additional development and examination.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 for various disabilities, including a post-nephrectomy left kidney disability and psychiatric disability, due to alleged improper medical treatment by VA.

The Veteran's claim for service connection for a left foot condition is reopened. The claims for service connection for a left knee condition and right pinky finger scar are remanded.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined evaluation did not meet the minimum combined rating criteria under 38 C.F.R. § 4.16(a).