Scars decisions — 2020

The Veteran's appeal for an initial compensable rating for a left knee scar was denied. The Board found that the evidence did not show any scars being painful or unstable, and thus no higher rating could be assigned under Diagnostic Code 7804.

The Board has remanded the Veteran's claims for cervical spine degenerative arthritis, tension headaches, and scars of the bilateral shoulders and knees due to incomplete records and need for additional examinations.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because, despite having multiple service-connected disabilities, they do not collectively render him unable to secure or maintain substantially gainful employment.

The Board dismissed the appeal because the Veteran's Notice of Disagreement (NOD) was unclear and did not specify which issue(s) he wanted to appeal.

The Veteran's initial ratings for laceration of the left ear and a left ear scar have been denied as they do not meet the criteria for higher ratings under applicable VA rating codes.

The Veteran's right elbow strain and left leg scarring have been granted initial ratings of 10 percent each. The TBI residuals with cognitive disorder NOS/ADD and tension/migraine headaches remain at a 40 percent rating.

The Board has remanded the case due to the need for another examination and opinion regarding the nature and severity of the Veteran's left knee disability, including any residual scars from his in-service arthroscopic procedure.

The Board has granted service connection for diabetes mellitus, hypertension, a GI disability, hiatal hernia, and erectile dysfunction as secondary to the Veteran's service-connected disabilities. The claims for left arm fracture, left thumb fracture, left-hand scar, and diaphoresis are denied.

The Veteran's endometriosis is rated at 30 percent since the appeal period began, and her scars on neck and breast are rated at 10 percent. The Veteran also received a grant of initial ratings for right knee chondromalacia (10 percent) and left knee chondromalacia (10 percent).,The Veteran's low blood pressure claim was denied as there is no evidence of functional impairment due to the condition during the appeal period.,Her right ear hearing loss remains at 0 percent, with a May 2018 VA examination showing her hearing acuity has not improved enough for an increased rating.

The Veteran's initial compensable rating for service-connected left wrist scar is denied, and the issue of service connection for left upper extremity peripheral neuropathy is remanded.

The Board has determined that the Veteran does not currently have a right elbow disability, and therefore service connection for this condition is denied. The claim of an initial compensable rating for a right elbow shrapnel wound scar is also remanded due to the need for further development.

The Board denied an earlier effective date for the award of a Total Disability Rating Based on Individual Unemployability (TDIU) and found that the Veteran did not meet the criteria for TDIU prior to August 26, 2008.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, thus denying his claim for a total rating based on individual unemployability.

The Veteran's scar of the left upper extremity, first finger of the left hand is granted an initial rating of 10 percent.

The Veteran's additional disability related to supraumbilical ventral hernia with intermittent abdominal pain and several painful postoperative scars was proximately caused by an unforeseen event during VA surgical treatment, leading to the need for further surgeries. The Board has determined that compensation under 38 U.S.C. § 1151 is warranted.

The Veteran's type II diabetes mellitus is granted as presumed due to herbicide agent exposure. The skin cancer claim is remanded for a VA examination and opinion.

The Veteran's service-connected disabilities, including multiple musculoskeletal issues and PTSD, render him unable to secure or follow a substantially gainful occupation as of April 12, 2010. His TDIU is granted effective from that date.

The Board has decided to remand the case due to the need for additional medical records and a new VA examination to assess the current severity of the Veteran's right knee disability.

The Veteran's voiding dysfunction is rated at 40 percent disabling since November 9, 2000.,A separate 10 percent rating for a muscle injury of the abdominal muscles group XIX has been granted.

The Veteran's claims for service connection for residual facial scars from a shrapnel wound and tuberculosis were granted with effective dates of November 29, 2015. The Veteran's claims for service connection for post-surgical inguinal hernia residuals, an anterior trunk scar, PTSD, TBI, and tension headaches were granted with effective dates of February 1, 2016.,The Veteran was awarded retroactive compensation starting from December 1, 2015, for the 20% disability evaluation, and March 1, 2016, for the 50% disability evaluation.