Scars decisions — 2021

The Board has remanded the case due to insufficient development of vocational rehabilitation and functional capacity evaluations, which were not provided by a vocational rehabilitation counselor as directed in the previous August 2019 remand. The Veteran's service-connected conditions include posttraumatic stress disorder, right lower extremity radiculopathy, lumbosacral strain, right hip osteoarthritis, gastroesophageal reflux disease, and several other disabilities.

The Veteran's claim for service connection for a residual scar from a head laceration was denied. The Board found that the current area of discomfort did not match the location and nature of the injury sustained during active service.,An initial 10 percent rating, but no higher, for the service-connected scar of the low central back is granted effective January 12, 2021.

The Veteran was found unable to secure or follow a substantially gainful occupation prior to June 5, 2012 due to his service-connected disabilities.

The Board has remanded the claims for entitlement to Special monthly compensation (SMC) based on the need for aid and attendance and SMC for loss of use of a creative organ due to lack of medical records relevant to the Veteran's peritoneal mesothelioma. The Appellant is reminded to provide any missing information.

The Board has remanded the Veteran's claims for additional vocational rehabilitation training benefits to obtain a law degree and retroactive induction into a rehabilitation program for completion of a Bachelor of Science degree in construction management due to incomplete records and need for further evaluation.

The Veteran's service-connected disabilities, including right hip replacement and lumbosacral strain, render him unable to secure or follow a substantially gainful occupation. The Board grants TDIU effective October 1, 2017.

The Veteran's left buttock scars are rated at a 10 percent since October 18, 2012. The rating is granted but not compensable prior to that date.

The Veteran's appeal for higher ratings and service connection has been denied. The right arm disability, including the gunshot wound residuals, is not rated higher than 10 percent due to limited range of motion. A separate rating for carpal tunnel and ulnar nerve entrapment at the elbow is also remanded.

The Veteran's lumbar spine degenerative disc disease rating was reduced from 40% to 20%, effective June 1, 2017. The reduction is being remanded as it may have been improper.,The Veteran’s lumbar spine degenerative disc disease has now been restored to a 40% rating.

The Board has decided to remand the Veteran's claims for service connection and rating determinations due to outstanding VA and private treatment records, as well as a need for medical opinions regarding his sleep apnea and scars.

The Veteran's claims for service connection were denied as the effective dates are not earlier than June 30, 2016.,Claims for increased ratings for scars of the bilateral knees and left foot and metatarsal base fracture of the left foot with degenerative arthritis were also denied.

The Board has determined that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, including thoracolumbar spine strain with sprain and spondylosis, left lower extremity sensory neuropathy of the sciatic nerve, PTSD, hypertension, right lower extremity radiculopathy, and left hand burn scar. The Board granted TDIU on both a schedular and an extraschedular basis.

The Veteran's claim for an effective date prior to July 11, 2014, for the grant of service connection for scar, status post left thoracotomy is denied. The earliest filing date was July 11, 2014.

The Veteran's appeals for increased ratings were denied. The right shoulder disability was rated as 20 percent disabling, and the left foot great toe fracture was not assigned a compensable rating.

The Board has remanded the cases for further development and examination to determine if there are any current liver or abdominal disabilities, their etiology, and whether they are related to service.

The Board denied an initial compensable rating for service-connected residual scars, status post-operative repair of atrial septal defect due to the absence of objective evidence of painful or unstable scars on examination.

The Board has denied service connection for bilateral hearing loss, respiratory disability (claimed as collapsed left lung), cardiovascular disability (claimed as high blood pressure and increased heart rate), right knee disability, left knee disability, left chest scar, and unspecified depressive disorder.,The Veteran's claims for these conditions are being remanded due to the need for additional medical opinions.

The Veteran's claim for an earlier effective date and initial compensable rating for a skin disability, diagnosed as cystic acne, chloracne, hidradenitis suppurativa, and extensive scarring, is being remanded due to procedural issues and the need to review the applicable rating criteria.

The Veteran's right and left arm lipoma residual scarring were granted a 10 percent rating from September 27, 2013 through January 16, 2020. The Veteran's bilateral thigh lipomas are denied as there is no evidence of ongoing complaints or functional impairment.

The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment, thus his claim for total disability rating based on individual unemployability is denied.