Scars decisions — 2021

The Veteran withdrew his increased rating claims, and the Board dismissed all issues on appeal.

The Veteran's service-connected disabilities, in combination, have precluded his employability since June 18, 1983. The Board has granted a TDIU effective June 18, 1983 on an extraschedular basis and dismissed the claims for higher initial ratings for bilateral knee disabilities.

The Veteran withdrew his appeals for increased ratings and a compensable rating for left knee conditions, leaving no issues remaining to be decided.

The Board granted a 20 percent rating for the Veteran's right-hand burn scar residuals from October 17, 2004 to April 24, 2014.

The Veteran's service-connected disabilities have not been shown to preclude him from securing or following a substantially gainful occupation.

The Board denied the Veteran's claim for an initial rating higher than 10 percent for his service-connected kidney removal scar, finding that the evidence did not support a higher rating based on instability or pain of the scar.

The Board has determined that the Veteran's service-connected disabilities have not rendered him unable to secure and follow a substantially gainful occupation since September 2010.

The Board has remanded the Veteran's claims for increased ratings for bilateral pterygium with dry eye syndrome and scar, as well as his claim for a total disability rating based on individual unemployability (TDIU). The remand includes obtaining additional VA treatment records, private community care ophthalmology or optometry treatment records, and scheduling another VA eye examination.

The Board has revised the combined disability rating from 60% to 50% for the period from January 1, 2012 to February 29, 2016 due to legal error in the original decision.

The Veteran's hidradenitis suppurativa and left knee surgical scar have not been evaluated for compensation purposes due to the need for new VA examinations.

The Veteran's claim for a compensable rating for residual scars of the left ankle was denied as his scars were not painful or unstable and did not affect an area of at least 6 square inches (39 square centimeters).,The Veteran's claim for an evaluation in excess of 30 percent for status post bimalleolar fracture with traumatic arthritis, left ankle was also denied. The most probative evidence does not reach the level of equipoise as to whether his condition manifested functional impairment to the extent that higher staged ratings may be assigned at any point during the rating period.

The Board has remanded the issues of initial compensable ratings for left knee disabilities and a rating in excess of 30 percent for left knee extension, as well as a rating in excess of 10 percent for left knee instability. The appellant will receive an SOC addressing these issues.

The Board has dismissed the appeals for a rating in excess of 40 percent for degenerative disc disease of the thoracolumbar spine status post spinal fusion, an initial rating in excess of 10 percent for a healed surgical scar on the upper posterior trunk, and an effective date earlier than May 19, 2014 for the award of service connection for left lower extremity radiculopathy.

The Board has denied the Veteran's claims of service connection for arthritis, left leg injury, left leg scar, left shoulder injury, and head injury as there is no evidence to support a link between these conditions and his military service.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a TDIU.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining SSA records and scheduling VA examinations. The claims will be remanded to allow for these steps.

The Board has remanded the cases for additional development and consideration, including obtaining retrospective medical opinions on the severity of the Veteran's rosacea and facial scars from December 2015 until February 6, 2020.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment, as his education and vocational history are sufficient for him to obtain such employment.

The Veteran's claim for service connection for Meniere's disease and a rating for forehead scarring have been granted. The Veteran is now entitled to a 10% disability rating for his forehead scars, which are painful but not unstable.

The Board has denied a rating in excess of 20 percent for the Veteran's left knee disability and has remanded issues related to service connection for low back, left hip, and left ankle disorders.