Scars decisions — 2021

The Board denied service connection for glaucomatocyclitic crisis in the right eye, macular scar of the right eye, and bilateral cataracts. The conditions are found to be less likely related to any period of active duty or training.

The Board has remanded the issues of whether the reduction in the rating assigned for residual surgical scars s/p mastectomy from 10 percent to 0 percent, effective September 1, 2017, was proper and entitlement to a compensable evaluation for residual surgical scars s/p mastectomy. The Veteran needs a new VA examination.

The Veteran's TDIU claim is remanded due to a duty to assist error in the prior decision, which did not obtain all relevant private treatment records and scanned medical records.

The Veteran's TDIU is granted effective May 20, 2015, due to his service-connected PTSD and right buttock scar. The decision also establishes the effective date for this grant.

The Board has remanded the Veteran's claims for service connection for bilateral eye disability, a rating in excess of 20 percent for left shoulder strain, synovitis, rotator cuff impingement syndrome, tendonitis, labral tear, and degenerative joint disease, and a compensable rating for bilateral hearing loss due to inadequate medical opinions and outstanding VA treatment records.

The Veteran's initial disability ratings for the service-connected left ankle disability and surgical scarring have been denied. The Board found that the left ankle disability did not meet criteria for a higher rating, while the left ankle surgical scarring was also denied as it did not meet the required compensable criteria.

The Veteran's service connection for painful scars on the right hand and scar residuals of surgery to the right hand was granted with an effective date of September 27, 2005.,The Veteran's claim for a higher rating for painful scars on the right hand was denied.

The Board has vacated the decision denying a compensable rating for a right wrist ganglion cyst with residual scar and remanded the case to allow for additional development.

The Board has remanded the Veteran's claims for increased ratings and special monthly compensation based on aid and attendance due to incomplete medical records. The issues include left shoulder disability, left shoulder scar, right shoulder scars, and need for aid and attendance.

The Veteran's service-connected disabilities, including major depressive disorder and tension headaches (migraines), have rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Veteran's claim for an initial rating in excess of 100 percent for right tonsil squamous cell carcinoma is denied. The Board also found that the Veteran's claim for an earlier effective date for special monthly compensation based on housebound criteria is remanded due to the need to adjudicate additional service-connected disabilities.

The Veteran's appeal for an initial compensable rating for a right wrist scar has been dismissed due to the death of the appellant.

The Board has granted service connection for a forehead scar but has remanded the Veteran's claims for cervical spine and thoracolumbar spine disabilities due to insufficient evidence.

The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the lumbar spine, right knee and left lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on this finding.

The Board has granted an initial rating of 20 percent for a left ear scar that is painful and unstable, with underlying recurrent sebaceous cysts as analogous to a painful and unstable scar, effective since October 26, 2010. The decision also increased the rating from 10 to 20 percent since March 15, 2021.

The Board denied the Veteran's claim for service connection for cardiovascular disease, finding that the evidence did not support a causal relationship between his current condition and service.,The Board also remanded the issue of assigning a compensable rating for scars status/post bilateral orchiopexy prior to May 4, 2021 and entitlement to a rating in excess of 10 percent from that date.

For the rating period prior to March 26, 2014, the Veteran's service-connected disabilities did not meet the threshold requirements for TDIU and they do not render him unemployable.,From March 26, 2014, the Veteran is in receipt of a 100% disability rating for aortic stenosis with stable angina, status-post heart valve replacement. The issue of entitlement to a TDIU from this date is dismissed as moot due to his already receiving SMC benefits.

The Veteran's claim for a higher rating for her right knee scars disability is being remanded due to the need to consider additional evidence and reconsider whether the Veteran's scar disability is both unstable and painful, warranting an additional 10 percent rating under DC 7804, Note (2).

The Board has determined that the Veteran's lumbar spine, back surgery scars, and neck disability claims require additional examinations to determine their severity and etiology. The cases are being remanded for these purposes.

The Veteran's death is not service-connected, and the claim for DIC under 38 U.S.C. § 1318 is being remanded due to inadequate medical opinion.