Scars decisions — 2021

The Board has remanded several issues related to the Veteran's service connection claims, including those for postoperative hiatal hernia with abdominal scar, painful umbilical hernia scar, and an acquired psychiatric condition. The issues of angina and heart problems are also being deferred due to their dependency on the outcome of the service connection claim for an acquired psychiatric condition.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU for the entire appeal period.

The Veteran's lumbar spine strain, left and right weak quadriceps muscles, and residuals of a right femur fracture disabilities are being remanded for additional examinations to determine their current severity. The TDIU claim is also being remanded as it is inextricably intertwined with the increased rating issues.

The Veteran's claim for a compensable rating for scars of the left lower extremity, residuals of coronary artery bypass graft surgery is granted. The issue of entitlement to a TDIU prior to March 5, 2019 is remanded due to conflicting evidence regarding his employment status.

The Veteran's right ankle condition and scar have been remanded for further development. Additionally, the Board has found that service connection is warranted for a separate rating for neurological impairment of the bilateral lower extremities.

The Veteran's radiculopathy of the bilateral femoral nerves and peripheral neuropathy of the left sciatic nerve have been rated based on their severity, with moderate symptoms for both conditions.,The service-connected surgical scar associated with degenerative disc disease with lumbar stenosis has not been assigned a compensable evaluation.

The Veteran's cause of death was a cerebrovascular accident (stroke), which the VA medical opinion found to be unrelated to his service-connected conditions.,The Veteran did not meet the criteria for Dependency and Indemnity Compensation under 38 U.S.C. § 1318 as he had countable income exceeding the maximum annual death pension rate.

The Veteran's service-connected disabilities, including prostate cancer and right shoulder and knee conditions, do not preclude him from securing or maintaining substantially gainful employment.

The Board has determined that the Veteran's painful scars status post left shoulder surgery are not both painful and unstable, thus denying a rating in excess of 20 percent. The case is remanded for further development to determine if additional residuals from his surgeries have occurred and whether his right shoulder disability is related to his service-connected left shoulder disability.

The Veteran's service-connected disabilities, including bilateral defective hearing loss, headaches associated with TBI, tinnitus, scar of right thigh, and TBI, preclude substantially gainful employment consistent with his education and occupational experience. The Board has determined that the criteria for a total disability rating on the basis of individual unemployability due to service-connected disabilities have been met.

The Veteran withdrew her appeal regarding the reduction of her disability rating for her right eye corneal scar from 30% to noncompensable effective August 1, 2020.

The Veteran's appeals for higher ratings on his scars and ankle disability have been dismissed as he has withdrawn them.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment, and the Board finds that he is not unemployable solely due to his service-connected conditions.

The Veteran's service-connected painful left facial keloid scar and right inguinal hernia scar are being remanded for further evaluation due to the VA examiner not addressing the Veteran's testimony regarding his symptoms.

The Veteran's appeal is being remanded for further development due to issues related to his lung cancer residuals and peripheral neuropathy.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, and the Board has granted his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's TDIU claim prior to November 10, 2015 was denied as the combined disability rating did not meet the minimum schedular criteria. The SMC claim since November 10, 2015 is remanded due to insufficient efforts in obtaining private medical records.

The Board has granted service connection for peripheral neuropathy of the bilateral upper and lower extremities, as well as residuals of stroke. Service connection was denied for scars on the back of leg and feet.

The case is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination. The Veteran's service-connected post back surgery syndrome and TDIU claims are also being remanded.

The Board has granted payment or reimbursement for the cost of medical treatment received at Banner Del Webb Medical Center on October 15, 2011 due to a prudent layperson's expectation that immediate medical attention was necessary.