Scars decisions — 2021

The Veteran's claim for compensation under 38 U.S.C. § 1151 for gall bladder removal with gangrene, to include secondary conditions of liver and genitourinary disabilities, pancreatitis; acquired psychiatric disability (PTSD); and, hernia/scars of the abdomen based on treatment at VA Medical Centers in Ann Arbor and Detroit, Michigan is denied due to lack of evidence showing negligence or carelessness by VA.

The Board has remanded the claims for service connection for a back disability and an acquired psychiatric disorder, as well as the rating for right knee instability and limitation of motion. The TDIU claim is also remanded.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus with erectile dysfunction, and shell fragment wound of the right deltoid muscle, rendered him unable to secure or maintain substantially gainful employment prior to November 27, 2015.

The Board has remanded the case for further development and consideration, including a referral to the Director of Compensation Services for extraschedular TDIU rating.

The Veteran's appeal for a compensable rating for his left inguinal hernia scar prior to September 24, 2020, and for a rating in excess of 10 percent from that date was denied. The Board found no support for the assignment of higher ratings based on area affected or functional loss under either the current or pre-amended criteria.

The Veteran's left index finger scar is not rated higher than the current noncompensable rating due to its size and painfulness. A separate evaluation of 10 percent for limitation of motion of the left index finger has been granted.,Service connection for GERD, obstructive sleep apnea, and hypertension secondary to diabetes mellitus or coronary artery disease is denied as there is no evidence linking these conditions to service, PTSD, or exposure to herbicide agents.,The Veteran's hypertension is considered secondary to diabetes mellitus or coronary artery disease. Service connection has been remanded for further development.

The Board has remanded the cases for further development due to incomplete medical opinions and inextricably intertwined issues.

The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities, effective June 24, 2009.

The Veteran's claims for increased ratings for scar, residual status post right inguinal hernia repair and bilateral pes planus with chronic associated pain in limb were denied. The Veteran was rated at 10 percent for the scar and 50 percent for the pes planus, but both remain unchanged.

The Board dismissed the Veteran's appeals regarding his claims for increased ratings and service connection due to a request from the Veteran's representative to withdraw all of the Veteran's appeals.

The claim of entitlement to service connection for residual hernia surgery scars and right ear condition is granted. The claims of entitlement to service connection for low back, right knee, and left knee conditions are denied.

The Board has decided that the Veteran's left knee scars warrant an increased rating of 20 percent, but denied his claim for a higher disability rating for his chondromalacia, left knee status post meniscectomy with instability (left knee disability) for the period from April 1, 2014, through April 27, 2016. The case is being remanded to allow further development and consideration of these issues.

The Board denied an increased rating for the Veteran's status post rectal fissure removal and pruritis with residual scar, finding that the disability picture does not meet the criteria for a higher evaluation of 30 percent.

The Board denied a separate compensable rating for a right knee limitation of motion due to scar, finding that the Veteran's scars do not result in any functional limitations of the right knee.

The Board has determined that the Veteran's service-connected disabilities do not render her unable to secure and follow substantially gainful employment, thus denying her claim for TDIU.

The Veteran's service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment prior to March 5, 2020.

The Veteran's asthma is granted service connection and rated at a noncompensable level.,A scar on the right fourth finger, causing numbness and pain, is granted a 10% rating.

The Veteran's death was not caused by any service-connected conditions, and the service-connected disabilities did not contribute substantially or materially to his death. Therefore, entitlement to DIC benefits under 38 U.S.C. § 1318 is denied, as well as service connection for cause of death.

The Veteran's right ankle strain with achilles tendonitis of the right heel, chronic lumbar strain and degenerative disc disease, lipoma of the lower back, chondromalacia of the right knee, chondromalacia of the left knee, and corneal scar and endothelial pigmentation of the right eye have been granted effective January 1, 1996. The Veteran's claim for lateral collateral ligament strain of the left ankle was dismissed as moot. The Veteran's claim for achilles tendonitis of the left heel associated with left ankle disability is denied.