Scars decisions — 2021

The Veteran's service-connected disabilities, including coronary artery disease, bilateral knee and hip disabilities, prevented him from securing or maintaining a substantially gainful occupation prior to January 1, 2010. The Board granted the TDIU on an extraschedular basis starting from January 1, 2010.

The Board has remanded two issues: service connection for residuals of a right-side hernia repair and an initial compensable rating for scars on the right hand, due to outstanding VA treatment records not being obtained.

The Veteran's service-connected residuals of facial and head trauma, including TBI with migraine headaches and right eye scar, are granted.

The Veteran was awarded a TDIU effective February 1, 2018, based on his service-connected left hemiparesis of the lower extremity. The remaining service-connected disabilities combined to a 70 percent rating.,SMC at the housebound rate is granted beginning February 1, 2018, due to the Veteran's total disability rating and additional service-connected disabilities independently ratable at 60 percent or more.

The Veteran's claims of service connection for bilateral hearing loss and tinnitus are denied, while his claim for a higher initial disability rating for the gunshot wound to the back of head is granted with a 10% evaluation. His claim for a separate disability rating for the neck scar is also granted.

The Veteran's residual scars from retained glass fragments in his buttocks and back are rated at 10 percent since September 18, 2020. The nonlinear scars of the back are also rated at 10 percent.

The Board has granted a 30 percent rating for the scar, removal sebaceous cyst right naso-labial line from November 14, 2008 to June 28, 2016. This represents full grant of the benefit sought on appeal.

The Board has denied the Veteran's claims for service connection for residuals of hernia and a compensable rating for scar due to right hernia repair. The claim for a rating in excess of 10 percent for scar right shoulder as secondary to the service-connected disability of status post right shoulder total arthroplasty is also denied.

The Board denied the Veteran's claims for service connection for right arm ulnar neuropathy, carpal tunnel, and scarring due to a lack of evidence linking these conditions to his military service.

The Board denied the Veteran's request to restore service connection for a fractured rib, finding that the original grant of service connection was clearly and unmistakably erroneous.

The Veteran's service-connected disabilities render him unable to maintain substantially gainful employment, and the Board has granted a TDIU rating. The cervical spine disability appeal is dismissed.

The Veteran's TDIU claim is granted as he is unable to secure and maintain substantially gainful employment due to his service-connected disabilities, including a mental condition rated at 70 percent.

The Veteran's service-connected disabilities are found to be of such nature and severity as to prevent him from securing or following substantially gainful employment prior to September 25, 2009.

The Veteran's appeal regarding an earlier effective date for service connection and a higher initial rating for his right ankle disability is remanded. The issue of total disability based on individual unemployability (TDIU) is also raised, but the Board does not have jurisdiction to determine if TDIU is warranted.

The Veteran's residuals, amputation, left ear lobe are rated at 30 percent for the entire period on appeal.,A separate disability rating of 10 percent is granted for a painful scar of the left earlobe from December 16, 2010 to October 26, 2020.,The Veteran's painful scar of the left earlobe is rated at 20 percent for the period from October 27, 2020 onward.

The Board has remanded the claims for a seizure disorder and gastrointestinal disorder due to inadequate medical opinions. The Veteran's service connection claim is pending.

The Board denied an initial compensable disability rating for scars due to a laparoscopic hysterectomy, finding that the Veteran's two superficial linear scars do not meet the criteria for a compensable rating.

The Veteran's initial noncompensable rating for right thumb scar is denied. A compensable rating of 10 percent, but not higher than, is granted since November 20, 2020.,The Veteran’s fracture of the right thumb distal phalanx (residuals) is remanded due to inadequate VA examination and need for new evaluation.,TDIU is remanded as it has been reasonably raised by the record.

The Board has remanded the case due to insufficient development of evidence and a need for an updated VA examination.

The Veteran's claims for right ear hearing loss, scar removal of cyst on buttocks, squamous cell carcinoma, back disability, and epididymitis have been denied. The claim for service connection for an acquired psychiatric disorder (PTSD and MDD) has also been denied.,However, the claim for a back disability was reopened due to new evidence provided since the last denial.