Scars decisions — 2020

The Board has remanded the case due to a lack of a VA medical opinion regarding whether the Veteran's service-connected disabilities result in permanent total disability. The Veteran is also seeking an increased rating for his TBI.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to December 23, 2019.

The Board has remanded the claims for service connection for scarred fallopian tubes, infertility, and uterine fibroids due to inadequate opinions regarding causation.

The Board has denied a higher rating for the Veteran's lower lumbar spine scar and remanded the evaluation of his left lower extremity radiculopathy. The TDIU issue is also being remanded due to its inextricable link with the radiculopathy issue.

The Board has remanded the claim of entitlement to TDIU prior to July 12, 2018 due to a lack of consideration of the side effects of the Veteran's medications on his employability.

The Veteran's service-connected disabilities, standing alone, did prevent him from obtaining or maintaining substantially gainful employment prior to November 5, 2019. The Board finds the evidence is at least in equipoise as to whether his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

For the period from August 17, 2011 to January 16, 2014 and August 18, 2016 to September 22, 2019, the Veteran's service-connected herniated nucleus pulposus with degenerative arthritis of the spine is not manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or combined range of motion of the thoracolumbar spine not greater than 120 degrees, resulting in a denial for higher ratings.,From January 17, 2014 to August 17, 2016, the Veteran's right ankle sprain was limited at most to 30 degrees plantar flexion and 0 degrees dorsiflexion, meeting the criteria for a 20 percent rating.,From August 17, 2011 to February 11, 2019, the Veteran's status post left arthroscopic meniscectomy with post-operative scarring was manifested by painful motion and limited range of motion, but not meeting the criteria for a higher rating.,Since April 1, 2020, the Veteran's status post total left knee arthroplasty with post-operative scarring is not manifested by severe weakness, ankylosis, or extension limited to 30 degrees, resulting in denial of a higher rating.

The Veteran's claims for service connection have been dismissed due to the mootness of the skin disorder claim. The remaining issues were denied as there is no evidence of a current disability or a link between the claimed conditions and military service.

The Veteran's initial disability rating for PTSD has been increased to 70 percent, effective from the date of the decision. TDIU benefits have not been granted.

The Board has remanded the cases for further development and examination to assess the severity of the Veteran's service-connected left elbow, left lower leg, and left knee disabilities. The issues include seeking higher ratings for these conditions and determining if TDIU is warranted prior to October 23, 2019.

The Veteran's service-connected disabilities preclude him from obtaining or maintaining gainful employment, and a TDIU is granted from September 28, 2010 to June 30, 2015.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the severity of his service-connected disabilities.

The Veteran's claims for an abdominal scar and a higher rating for his thoracolumbar spine disability have been dismissed because the Veteran did not file a timely substantive appeal.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on aid and attendance or housebound status because his service-connected disabilities did not render him in need of regular aid and attendance or permanently housebound.

The Veteran's initial compensable disability rating for a scar on the abdomen and an initial disability rating in excess of 50 percent for PTSD are both denied. The Board found that there is no evidence to support higher ratings based on the severity and frequency of the Veteran’s symptoms.

The Veteran's service-connected disabilities do not render him unemployable, as he has maintained employment through the VA Compensated Work Therapy program and does not desire to work.

The Veteran's claims for service connection on multiple issues are being remanded due to the need for additional medical evidence and opinions.

The Board has vacated multiple decisions related to various service connection claims, including those for coronary artery disease, a scar, and peripheral neuropathy. The issues of service connection for diabetes mellitus, bilateral hearing loss, glaucoma, erectile dysfunction, prostate disability, skin rash, and peripheral neuropathy have been remanded.

The Board has decided that another remand is necessary before the matter of the Veteran's entitlement to a TDIU can be adjudicated. The RO must obtain an opinion from a qualified clinician regarding the functional impact of the Veteran’s service-connected disabilities, in combination, on his employability.

The Board denied separate compensable ratings for various disabilities associated with service-connected cognitive residuals of TBI, including a hand and arm disability, neurogenic bowel disorder, syncope, seizure disorder, and back disability (other than lumbar disc degeneration).