Scars decisions — 2020

The Veteran's initial rating for dermatitis with scarring is being remanded due to an indication that his condition may have increased in severity.

The Board has remanded the claims for an initial compensable rating for right leg hamstring disability, surgical scar, right leg, and low back disability. The TDIU claim is also remanded as it is inextricably intertwined with the increased rating claim.

The Board denied a compensable rating for the Veteran's scar of the right lower lip, finding that it did not meet the criteria for a characteristic of disfigurement.

The Veteran's TDIU claim is denied because his service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Veteran's request to restore a 20 percent rating for his right foot scars is granted. The issue of service connection for PTSD is remanded due to the need for further development.

The Veteran's claim for a higher rating for acne keloidalis with head scar and bumps was granted, but the specific issue of service connection for growth bumps is not addressed in this decision.

The Veteran's claim for an earlier effective date for right knee scars is denied as the earliest possible effective date provided by law is May 23, 2016.

The Veteran's service connection for chronic kidney disease, resection of small intestine due to radiation enteritis, and related conditions is granted based on exposure to Agent Orange during active duty.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increased ratings for right shoulder and arm conditions, thumb, ring, and little finger conditions, and right shoulder scars. The issue of service connection for a right knee disorder secondary to lumbar spine disability is also being remanded.

The Veteran's TDIU claim for the period prior to April 24, 2014 was denied as he did not meet the schedular criteria for a TDIU and his service-connected conditions alone or in combination did not preclude him from securing or maintaining a substantially gainful occupation.

The Veteran's claims for service connection and increased ratings have been granted. The Veteran now has a 60 percent evaluation for psoriasis, previously diagnosed as seborrheic dermatitis, effective from the date of decision.

The Board has remanded several issues for further development, including a VA examination to determine the nature and etiology of any residuals of a TBI, an increased evaluation for the Veteran's psychiatric disorder, an increased rating for his Achilles tendon rupture, a compensable evaluation for his scar, and service connection for PTSD. The Veteran is also seeking earlier effective dates for some of these claims.

All claims for service connection prior to July 27, 2010 have been dismissed due to the absence of allegations of specific errors in fact or law.,The claim for a higher initial rating for patellofemoral syndrome left knee with arthritis and limited flexion has also been dismissed.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from July 1, 2011. The Board found that entitlement to TDIU is warranted for this period but remanded the issue of prior to July 1, 2011.

The Board has remanded the case for additional development, including obtaining medical records and scheduling an examination to determine if the Veteran's left ankle disability is related to service. The claim for increased rating of the left forearm scar remains pending.

The Veteran's service-connected disabilities render him unable to obtain and maintain gainful employment, and the Board has referred this case for consideration of an extraschedular TDIU under 38 C.F.R. § 4.16(b).

The Board has remanded multiple issues for further development, including evaluations and service connection claims. The Vitamin D deficiency claim is denied as it does not constitute a disability for VA purposes.

The Board denied service connection for gallbladder removal, inguinal hernias, and headaches. Service connection was not granted for COPD due to lack of evidence.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied due to lack of new and material evidence. The claim for a left hip scar was reopened, but the Board found no causal relationship between the current condition and service, thus denying service connection.

The appeal regarding bilateral hearing loss is dismissed. The Veteran's acquired psychiatric disorder (PTSD) is granted with a rating of 30 percent, but no higher for scars status post injury to left axilla and left biceps.