Scars decisions — 2021

The Veteran's neck scarring and left hip scar are not rated higher than the current levels. A separate rating of 10 percent for loss of taste associated with post-laryngectomy cancer is granted.

The Board denied service connection for an eye disability (claimed as glaucoma secondary to diabetes mellitus, type II) because the evidence did not support a finding that it was proximately due to or aggravated by another service-connected condition.

The Veteran's initial 10 percent disability rating for left ankle scar is granted. The Board finds that further development is necessary before a decision on the merits may be made regarding his increased disability rating for left ankle disability, service connection for left foot disability secondary to service-connected left ankle disability, temporary total evaluation for left plantar instep fasciotomy, and TDIU.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional VA examinations and treatment records.

The Veteran's appeal is remanded due to a duty-to-assist error in failing to schedule him for a VA Scars/Disfigurement examination, which was necessary to properly rate his service-connected skin cancer and scars.

The Board has determined that the Veteran's claims for service connection are remanded due to a failure to provide an adequate examination and consideration of her contentions regarding secondary service connection.

The Veteran's service connection claims for bilateral hearing loss, right and left knee disabilities, hypertension, degenerative joint disease of the lumbar spine, and shrapnel wound scarring of the lumbar spine are being remanded due to incomplete or insufficient medical opinions. The VA will obtain additional examinations and opinions as needed.

The Veteran has withdrawn his appeals for ratings related to chronic kidney disease, right shoulder disability, right shoulder scar, and bilateral hearing loss. The appeal is dismissed.

The Veteran's lumbar spine disability was denied a higher rating prior to January 8, 2014. The right knee scar was also denied an initial compensable rating.,Prior to January 8, 2014, the Veteran's lumbar spine disability did not meet the criteria for a higher than 20 percent rating due to limited flexion. As of January 8, 2014, his disability warranted a 40 percent rating based on pain and functional loss.

The Veteran's TDIU claim was denied because his employment as an assistant manager at a car wash is considered substantially gainful, and he has not provided further clarification of his employment status.

The Veteran's claims for service connection for TBI, acquired psychiatric disorder, head scar, skull disorder, and sleep disorder have all been denied. The Board found no evidence of a current disability in any of these conditions.,While the Veteran reported experiencing various symptoms related to his claimed conditions, the VA examinations did not find any diagnosed condition that began during service or is otherwise related to an in-service injury.

The Board has granted service connection for a left eye scar. The remaining issues of entitlement to service connection for other eye conditions are remanded due to the need to obtain private medical records.

The Board dismissed the Veteran's appeals for increased ratings and earlier effective dates for left and right upper extremity cervical radiculopathy as they were not properly before the Board in the Appeals Modernization Act (AMA) system.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to his service-connected disabilities, finding that they did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings for postoperative scar, lumbar spine and lumbar radiculopathy of the right and left lower extremities have been denied. The Board found that the Veteran's postoperative scar did not meet criteria for a compensable rating under Diagnostic Code 7805. For his lumbar radiculopathy, the Board determined that the evidence did not support ratings higher than 40 percent after January 28, 2021.

The Board has determined that additional evidence is needed to fully and fairly consider the issues of service connection for various disabilities, including back disability, acquired psychiatric disorder, diabetes mellitus, Type II, left hip disability, right hip disability, right knee disability, diverticulitis, sepsis, residuals of breast cancer, status post double breast mastectomy, and mastectomy scars. The Veteran's representative has requested that the VA examine her for these conditions to determine their relationship with her service-connected total hysterectomy, removal of uterus and both ovaries.

The Veteran's service-connected disabilities, including lumbar spine degenerative arthritis and multiple radiculopathies, have rendered him unable to secure and follow substantially gainful employment since March 9, 2017.

The Veteran's claims for service connection and SMC have been remanded due to the need for additional medical evaluations and consideration of new evidence.

The Veteran's bilateral hearing loss is rated as noncompensable, and the Board finds that he does not meet the schedular requirements for a TDIU.,The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.

The Veteran's claims for increased ratings and an initial rating for his service-connected gastric cancer status post resection (80%) stomach and associated scar are remanded due to the need for additional examinations and consideration of extraschedular criteria.