Scars decisions — 2021

The Board denied the Veteran's claim for service connection for second degree burn scars, finding no competent evidence of record that shows he has such scars etiologically related to his service.

The Board has remanded the claims for rheumatoid arthritis, respiratory disorder (scar tissue of the lungs), and low back disorder due to inadequate medical opinions. The Veteran's service connection claims are now pending.

The Veteran's chest scars from surgeries for gynecomastia are service-connected.,Prostate cancer is service-connected as it had onset within one year of active duty service.

The Veteran's right knee disability is granted, with a rating of 70 percent effective September 10, 2015. The Veteran also received an increased TDIU rating.,Service connection for the Veteran's miscarriage and right knee disability are both granted.

The Board has granted service connection for the Veteran's conditions and assigned an effective date of April 1, 1961.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to March 19, 2016.

The Veteran's appeal for attorney fees related to the October 2014 rating decision is denied as his former attorney was not eligible due to the lack of a valid NOD on TDIU and DEA claims.

The Veteran withdrew his appeal for an initial disability rating in excess of 10 percent for bilateral central serous retinopathy with maculopathy and macular scars.

The Veteran's initial compensable rating for status post-stab wound to the left chest was denied. The Veteran's initial ratings in excess of 10 percent prior to December 9, 2020, and a rating in excess of 20 percent beginning December 9, 2020, for left chest scars associated with the left chest stab wound were also denied.

The Veteran's claim for a compensable rating for his service-connected back scar and for service connection for an acquired psychiatric disorder, including PTSD, was denied. The Board found that the evidence did not support granting either claim.

The Board has remanded the claim of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) prior to April 4, 2017 for further development. The issues have been referred to the Agency of Original Jurisdiction (AOJ).

The Board has decided that the Veteran's claims for increased ratings and TDIU prior to December 18, 2013 are remanded due to a failure to send the Supplemental Statement of the Case (SSOC) to his representative at his current address.

The Veteran's claim for a TDIU from November 1, 2014 to March 2, 2016 is dismissed as moot because he is already receiving a combined 100% disability rating.

The Veteran's appeal for an initial rating in excess of 10 percent for residuals of appendectomy, painful scar is denied as the preponderance of evidence does not support a finding that his condition involves an area of at least 39 square centimeters or results in frequent loss of covering of skin over the scar.

The Veteran's initial rating for a left leg scar is granted at 10 percent, but no higher. The Board finds the Veteran has one painful and unstable scar on his left leg that does not measure 39 square centimeters.,PTSD remains remanded as the Veteran testified to worsening symptoms since his last VA examination.

The Veteran's claims for increased ratings for his scar on the left shoulder and left shoulder disability have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Board has determined that the Veteran's claims for service connection for bilateral shoulder and hip disabilities have been reopened due to new and material evidence. However, further examination is needed as the current medical opinions are inadequate.,VA examinations are required for increased ratings of CAD, residual CABG scar, cervical spine disability, left knee disability, left ankle disability, right ankle disability, and bilateral hand disability.

The Veteran was granted a 10 percent rating for his skin disorder from November 25, 2009 to July 3, 2013. The appeal is denied for any rating in excess of 10 percent for the period from July 3, 2013.

The Veteran's claim for SMC based on the need for aid and attendance is remanded due to a duty to assist error. He needs an examination to determine if he requires aid and attendance due to service-connected disabilities.

The Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) was denied as he failed to provide the required VA Form 21-8940, Application for Increased Compensation Based on Individual Unemployability. The Board found that the Veteran has not met his burden of establishing that he is unable to obtain and maintain substantially gainful employment.