Scars decisions — 2020

The Veteran's appeal was denied for service connection of an acquired psychiatric disability and increased ratings for various conditions, including UARS. The Board found no evidence supporting the claim for an acquired psychiatric disability and granted a minimum compensable rating for UARS.

The Board denied an initial compensable disability rating for the Veteran's service-connected right wrist scar, finding that there was no evidence of painful or unstable scarring. The Veteran's pain and limitation of motion were attributed to other conditions such as carpal tunnel syndrome and arthritis.

The Board has remanded the Veteran's claims of service connection for a right knee condition and a right knee scar due to potential secondary service connection to his service-connected total left knee replacement. The case is being returned for further development, including an addendum opinion from the examiner who conducted the August 2020 examination.

The Board has remanded the cases for further development and examination, including a VA examination to determine the nature and etiology of the Veteran's claimed residuals of chest injury and the current severity of his service-connected scarring in his chest. The TDIU issue is also being remanded.

The Veteran's initial compensable rating for his service-connected back scar is denied. The reduction of his service-connected intervertebral disc syndrome (back disability) from 40% to 20% is upheld, and he is denied a higher rating for the same condition. His entitlement to special monthly compensation based on loss of use of his right foot is also denied.

The Board has remanded the Veteran's claims for additional development, including obtaining updated VA treatment records and scheduling examinations to assess his eczema and keloid scars. The GERD claim is also referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's right eye disability was previously rated as noncompensable prior to March 11, 2019. As of March 11, 2019, the rating for his condition has been increased to 20 percent but remains denied.

The Board denied the Veteran's claim for TDIU prior to May 16, 2016 due to a lack of evidence showing that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment.

The Board has granted earlier effective dates of May 1, 1967 for the awards of service connection for residuals of recurrent dislocation and status post Magnuson procedure of the right shoulder and a right shoulder scar.

The Veteran's service-connected bilateral pyelonephritis with kidney scarring substantially contributed to his death from myocardial infarction and coronary artery disease.

The Veteran's initial claim for service connection was granted, and he is currently receiving a 10% rating for his residual surgical scar from February 13, 2009 to December 14, 2014. The Veteran’s left shoulder disability has been rated as noncompensable prior to October 3, 2013, and at 20% thereafter.,The Board found that the Veteran's residual surgical scar does not meet the criteria for a higher rating under Diagnostic Code 7804.

The Veteran's service connection claim for a hernia is remanded. His scar was previously rated as noncompensable, and from November 27, 2018 to December 10, 2019, he received a 10 percent rating. The Board found that the criteria for a greater than 10 percent rating were not met after December 10, 2019.

The Veteran's claims for increased ratings were denied as his hip and knee disabilities did not meet the criteria for higher disability ratings under applicable diagnostic codes. The RO assigned separate ratings based on different issues, but the Board found that a single rating of 30 percent was more favorable than separate ratings.

The Board has denied the Veteran's claim for a noninitial compensable rating for his service-connected right elbow medial linear ulnar nerve release scar, as the evidence does not establish underlying soft tissue damage or an area of 144 square inches or greater.

The Veteran was granted a TDIU from October 30, 2018 to November 28, 2018. His claim for service connection for a heart disability is remanded and his temporary total rating based on hospital treatment in excess of 21 days for left knee disability is denied.

The Board has remanded several issues for further development, including the TDIU claim and service connection for PTSD. The Veteran's attorney requested copies of the curriculum vitae of VA examiners who conducted examinations on his behalf.

The Veteran's TDIU and SMC based on the need for aid and attendance are granted. The right hand burn scar residuals rating is remanded due to insufficient examination findings.

The Board has remanded the case for additional development, including obtaining an advisory opinion from an independent medical expert to assess the Veteran's ability to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claim for service connection for corneal scarring in the right eye is granted. The claim for service connection for vision loss due to conditions other than corneal scarring in the right eye is denied.

The Veteran withdrew his appeal, leaving only the issue of a compensable disability rating for service-connected lower lip scar and residual scar from sebaceous cyst removal. The other issues have been resolved.