Scars decisions — 2021

The Board has remanded the issues of entitlement to increased ratings for bilateral inguinal hernia, residual inguinal hernia scars (combined with painful pelvic scars), and PTSD. The Veteran is also entitled to a TDIU from November 1, 2019.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's service-connected disabilities caused or aggravated his sleep apnea. The examiner is requested to provide an addendum opinion addressing these issues.

The Board has remanded the case due to inadequate medical opinions regarding the nature and likely etiology of all left leg pathology, including a left knee scar. The Veteran's claim for compensation under 38 U.S.C. § 1151 is being reviewed.

The Veteran was granted an effective date of April 3, 2002 for a 50 percent rating for service-connected sebaceous cysts of the face and a 20 percent rating for painful scars due to sebaceous cysts. The Board found that reasonable doubt should be resolved in favor of the Veteran.

The Board has remanded the TDIU claim for further development due to incomplete employment history and functional limitations of service-connected right knee disabilities.

The Veteran's request for an initial compensable rating for his scar, right foot laceration was denied.,The Veteran's claim of service connection for left ear hearing loss is remanded due to insufficient medical opinion and need for updated VA treatment records.

The Veteran's right-hand laceration scar is not rated higher than 10 percent prior to August 26, 2019 and a rating higher than 10 percent is denied beginning August 26, 2019.,The Veteran's right-hand disability (to include carpal tunnel) is remanded for further development.

The Board has granted service connection for lung scars, finding that they are at least as likely as not due to radiation treatments for the Veteran's service-connected squamous cell carcinoma.

The Veteran's initial disability rating for bilateral plantar fasciitis is granted from January 3, 2013 to August 6, 2019. The appeal for a higher rating prior to that date and for the entire period on appeal is denied. Other claims are also addressed.

The Veteran's goal of becoming a helicopter flight instructor is feasible, but further development is needed to determine if additional training or changes in career goals are necessary.

The Veteran's initial disability rating for linear and nonlinear left index finger scars is denied as the evidence does not show that his scars meet or approximate the criteria for a higher rating.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities preventing him from obtaining and following substantially gainful employment. The case was referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining employment consistent with his occupational and vocational experience prior to June 13, 2020.

The Veteran's PTSD alone prevented him from securing and maintaining substantially gainful occupation, meeting the criteria for SMC at the housebound rate. The issues of increased ratings for other service-connected disabilities are remanded.

The Veteran's service-connected PTSD and Polysubstance Dependence have prevented her from securing or maintaining substantially gainful employment since April 13, 2010. The Board has granted a TDIU rating for this period.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because her service-connected disabilities did not render her unable to secure or follow substantially gainful employment.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's cervical spine disability. The TDIU issue is also being remanded as part and parcel of the increased rating claim.

The Veteran's appeal for a higher initial rating for his painful right neck scar and separate limitation of motion was granted. A TDIU since September 7, 2016, and special monthly compensation under 38 U.S.C. § 1114(s) were also granted.

The Veteran's service-connected bilateral hearing loss and other disabilities do not warrant a compensable rating or TDIU prior to January 23, 2009.

The Board has determined that new VA examinations are necessary to assess the current severity of the Veteran's service-connected left humerus, right ankle and scar disabilities due to their recent worsening.