Scars decisions — 2020

The Board has remanded the case for further development, including obtaining a VA examination to address the Veteran's headaches and clarifying the assigned rating for his right knee surgical scar. The service connection claim for PTSD remains denied.

The Veteran's right breast gynecomastia status post lumpectomy with recurrent mass and scar was treated by local excisions that did not significantly alter the size or form of his breast, resulting in a denial of a compensable rating.,The Board has also reviewed the Veteran’s claim under Diagnostic Codes 7801, 7802, 7804, and 7805 for scars. A new VA examination is needed to address whether the left breast fibrosis (claimed as gynecomastia) is related to service or secondary to PTSD.

The Board denied the Veteran's claims for increased ratings for hypertension, low back disability, PTSD, left lower extremity radiculopathy, left knee disability, right knee disability, and low back scar. The effective date for the grant of service connection for a left knee scar was also denied.

The Veteran's service connection for painful, unstable scars of the chest, scar of the chest, and scars from vein harvest surgery are denied as they were not present prior to January 14, 2013.,The Veteran's claim for a 100 percent schedular rating for coronary artery disease is denied.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 9, 2016 due to lack of evidence showing that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.

The Veteran withdrew his appeals for service connection and higher ratings related to various skin, leg, knee, and shell fragment wound conditions.

The Veteran's service-connected conditions, including anxiety, hip and knee disabilities, and hypothyroidism, have rendered her in need of regular aid and attendance due to her functional impairments. The Board has granted SMC based on the need for aid and attendance.

The Veteran's initial compensable evaluation for his service-connected right arm injury scar from October 5, 2007 was granted. The Board denied an initial evaluation in excess of 10 percent for the same condition from April 9, 2019 and also denied a separate non-painful manifestation evaluation.

The Veteran's claim for a compensable rating for his service-connected surgical scar, left shoulder, associated with status post left shoulder arthroscopic repair, was denied. The Board found that the current disability does not warrant a higher rating.,Service connection for the Veteran’s claimed left ankle condition was also denied as there is no evidence of any current disability related to this condition.

The Veteran's initial claim for a compensable evaluation for his surgical scars of the left arm, left hand, back, and chest was granted. However, service connection for tender and painful scar on the right arm, scar on the right hand, scar on the buttocks, and scar on the abdomen were denied.,The Veteran's request for separate compensation for multiple painful scars on his left upper extremity, chest, and back (four in total) was granted. However, service connection for a scar on the right hand, right arm, abdomen, and buttocks remained denied.

The Board has determined that additional substantive development is necessary prior to further appellate review of the claim for compensation under 38 U.S.C. § 1151 benefits due to missing consent forms related to the October 2013 and March 2014 hernia repair procedures at a VA medical facility.

The Veteran's claim for service connection for an acquired psychiatric disorder, including as secondary to traumatic brain injury, thoracolumbar spine degenerative joint disease, migraine headaches, and left eyebrow scar is granted. The claims for right arm condition, left arm condition, diabetes mellitus, bilateral foot condition, sleep condition, neck condition, and prostate cancer are denied.

The Board has remanded the claims for service connection for an abdominal scar, acquired psychiatric disorder (claimed as PTSD, depression, and anxiety), and COPD due to conflicting evidence and lack of verification of claimed stressors.

The Veteran's abdominal gunshot wound with scars has resulted in two painful scars, which are currently rated at 10 percent. The RO denied a higher rating as the scars do not meet the criteria for a compensable rating under DC 7804.,Major depression is currently rated at 50 percent and the Veteran seeks an increased rating. TDIU is also sought.

The Board has remanded the veteran's claims for service connection due to insufficient evidence and incomplete records. The appellant is seeking service connection for various conditions, including a bilateral foot disorder, PTSD, hernia residuals, back disorder, congestive heart failure, hypertension, erectile dysfunction, type II diabetes mellitus, and migraine headaches.

The Board has remanded the Veteran's claims for a penile condition and facial scars due to insufficient development, including failing to schedule VA examinations as directed in previous remands.

The Veteran's appeal is remanded for additional examinations and opinions to determine the severity of his service-connected conditions, including whether they are related to his lumbar spine disability.

The Veteran's alopecia is rated at 20 percent effective February 27, 2019. The other conditions have been granted service connection.

The Veteran's service-connected disabilities do not prevent him from performing the duties of his current employment as a Constituent Services Liaison with Congressman Aguilar’s office. The Board finds that further education is not warranted due to the Veteran's already suitable educational level and because pursuing additional degrees would not help overcome his 100% rating for PTSD.

The Veteran's service-connected disabilities prior to February 3, 2017 did not prevent him from obtaining and maintaining gainful employment.