Scars decisions — 2021

The Veteran's tension headaches were initially rated at 30 percent prior to November 4, 2019 and are now rated as 30 percent disabling from that date. The Veteran is not entitled to a higher initial rating for his tension headaches.,The Veteran's left leg varicose veins were initially rated at 10 percent prior to November 4, 2019 and are now rated as 20 percent disabling from that date. The Veteran is not entitled to a higher initial rating for his left leg varicose veins.

The Board has decided that additional information is needed from the October 2020 VA examiner to properly assess the Veteran's right knee conditions, and therefore, the claims are being remanded for further development.

The Board has remanded three issues related to the Veteran's left knee disability: a rating in excess of 10 percent for residuals of reconstruction, an initial rating in excess of 10 percent for instability, and an initial compensable rating for surgical scars. The remand requires additional development including obtaining VA and private treatment records, conducting a new examination, and providing a retrospective opinion on the impact of flare-ups.

The Board has decided to remand the claims for additional development due to incomplete records, specifically from a VA medical center and non-VA orthopedic records. The Veteran is asked to provide authorization or copies of any private treatment records he wishes to have considered.

The Board has decided the TDIU claim and remanded for further examination of shoulder conditions. The issues of rating in excess of 30 percent, 40 percent, and 20 percent for shoulder disabilities are also being remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and missing service treatment records. The claims will be reconsidered after obtaining additional evidence.

The Veteran's claims for an increased evaluation of his left shoulder disorder and TDIU prior to May 28, 2015 are being remanded due to inadequate development. The Veteran will need a VA examination to assess the severity of his service-connected condition.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to engage in substantially gainful employment, and therefore denied his claim for a total disability rating based on individual unemployability.

The Board has remanded the case for further development to clarify the Veteran's employment history and assess his ability to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claim for a compensable disability rating for scars of the right great toe and service connection for a right foot condition, to include pain and associated functional loss were denied. The Board found that his scarring did not meet the criteria for a compensable rating under applicable diagnostic codes, and there was no evidence of a separate right foot condition.

The Board has remanded the issue of service connection for skin condition due to inadequate medical opinions and a need for additional evidence.

The Board has granted service connection for a scar on the right thigh and a skin condition, finding that these conditions are as likely as not related to the Veteran's active military service.

The Veteran's appeal for an initial compensable rating for headaches was denied.,The Veteran's appeal for an initial compensable rating for service-connected scars, status post cholecystectomy and Nissen fundoplication is remanded for further development.

The Veteran's service connection for a right knee lateral aspect scar is granted. The Veteran's increased ratings for his left and right knee degenerative joint disease are granted, with specific conditions for each period of time.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and his service-connected conditions do not render him unable to secure and follow substantially gainful employment.

The Veteran's initial claim for a higher rating for his left foot disability was granted, with the effective date being August 27, 1982. The Veteran received an increased rating to 10 percent from March 26, 2009 and to 30 percent thereafter.,The Veteran's initial claim for service connection for pes planus was also granted, with the effective date being May 1, 2019.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) effective April 20, 2016 due to her service-connected disabilities.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations and medical opinions.

The Veteran's service-connected disabilities, including coronary artery disease and PTSD, prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as his right shoulder bursitis and left lower leg scar did not cause occupational impairment.