Scars decisions — 2021

The Board has determined that the Veteran does not have a current liver disability and therefore denied service connection for this condition. The issues of entitlement to increased ratings for asbestosis and residual scar, status-post removal of a pilonidal cyst are remanded for further development.

The Veteran is granted a TDIU, rendering moot his claims for increased ratings for bilateral hearing loss and IHD.,The Veteran's service-connected hypertension has been granted as presumptively related to herbicide exposure during service.

The Veteran's claim for an increased rating for his service-connected coronary artery disease, status post CABG with scar and atherosclerosis, is remanded due to the need for updated VA treatment records and a new examination.

The Veteran's appeals for disability ratings for two scars have been dismissed due to his withdrawal of the appeal.

The Board has remanded the case due to inadequate opinions from VA examiners regarding the etiology of the Veteran's left eye corneal scar and/or corneal opacity. The examiner must consider the Veteran's reported history of injury during service, as well as prior clinical findings.

The Veteran's claims for increased ratings and effective dates prior to July 15, 2013, were denied as the evidence did not show that increases in disability occurred prior to this date. The right knee scar was rated compensable but no higher, while the lumbosacral strain with degenerative arthritis and RLE radiculopathy received increased ratings effective July 15, 2013.

The Board has remanded the Veteran's claims for increased ratings and reopening of service connection claims due to inadequate examinations in previous decisions.

The Veteran's service-connected conditions reasonably precluded gainful employment prior to August 2, 2016. An effective date prior to this date for the award of a TDIU is granted.

The Veteran's service-connected disabilities did not render him unemployable, as he was able to maintain gainful employment prior to September 8, 2008. From September 8, 2008, the combined rating of his service-connected disabilities met the criteria for a TDIU on an extraschedular basis.

The Veteran's service-connected disabilities, including his acquired psychiatric disability (depression and PTSD), migraine headaches, degenerative disc disease of the lumbosacral spine with intervertebral disc syndrome and lumbar strain, left hip osteoarthritis, right hip osteoarthritis, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve, patellofemoral pain syndrome of the right knee, lateral instability, post-operative patellofemoral pain syndrome of the left knee, and surgical scars of the left knee, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment, as his mobility issues are compensated by the assigned ratings for his disabilities.

The Veteran's claim for SMC based on the need for aid and attendance is remanded due to inadequate examination and failure to obtain updated VA treatment records.

The Veteran's service-connected disabilities do not render him unemployable, as his respiratory issues from non-small cell lung cancer and scar from lobectomy do not significantly impair his ability to work.

The Board has remanded the case due to insufficient evidence regarding the Veteran's eye disability, specifically his claim for service connection. The examiner needs to provide a clear opinion on whether the Veteran's current eye disorders are related to an in-service injury or disease.

The Board has decided that the Veteran's claims for increased ratings and service connection are remanded due to new evidence being added to the record, but not yet considered by the AOJ.

The Board has remanded the case for additional development and adjudication due to incomplete evaluations of the Veteran's right elbow disability, including a lack of findings on a Peripheral Nerves Conditions DBQ.

For the initial rating period from April 1, 2011 to November 26, 2019, a higher initial rating of 10 percent for PFB with alopecia is granted.,For the initial rating period after November 26, 2019, a higher initial rating in excess of 10 percent for PFB with alopecia is denied.,A higher (compensable) initial disability rating for the left hand scar is denied.,An initial non-compensable (0%) disability rating for the healed fracture of the navicular bone in the left foot (left ankle disability) remains unchanged.

The Board has remanded the cases due to insufficient compliance with directives and additional examination is needed.

The Veteran's claim for an initial evaluation in excess of 10 percent for the time period from January 30, 2017, for residual scar status post left varicocele ligation is being remanded due to additional development needed.

The Veteran's left shoulder disability is currently rated at 20 percent, and the Board has denied a higher rating. The claim for TDIU remains pending.