Scars decisions — 2021

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and potential outstanding VA records. The examiner must address the Veteran's lay assertions regarding in-service symptoms, his claim under 38 U.S.C. § 1151, and the etiology of his penis deformity condition and erectile dysfunction.

The Veteran's left eye disability, including iritis, cornea scar, and incipient cataract related to herpes zoster, is rated at 10 percent. The effective date for TDIU prior to December 4, 2012, is May 28, 2009.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) from December 30, 2015 due to his service-connected disabilities.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) effective March 29, 2012. The CAD issue was dismissed as the Veteran withdrew his appeal for this condition.

The Board has remanded the cases for further development and consideration. Specifically, the Veteran's claims for service connection are being reviewed due to new evidence or changes in medical understanding.

Service connection for a right knee disability is granted. A 10 percent rating is granted for the left posterior scalp scar from January 11, 2018 to April 30, 2020. Since April 30, 2020, a rating in excess of 10 percent for this left posterior scalp scar is denied. The cervical spine disability issue is remanded.

The Board has determined that the Veteran's appeal on several issues is being dismissed due to his withdrawal of claims. The remaining issues, including service connection for cervical spine disability and TDIU, are being remanded for further development.

The Board has decided to remand several claims for further development and evaluation due to procedural issues. The Veteran's appeals on substantive grounds are now pending.

The Board denied the Veteran's claim for service connection of an abdominal scar, finding that it is not related to his service-connected prostate cancer and is instead a result of surgery unrelated to any in-service injury or disease.

The Board has remanded the claim for an increased rating for facial scars prior to December 7, 2018 due to inadequate retrospective VA medical opinion. Another remand is required.

The Board has determined that the Veteran's service-connected disabilities do not render her unemployable, and thus denied her claim for total disability rating based on individual unemployability.

The Board has remanded the issues of service connection for sleep apnea and entitlement to TDIU prior to August 15, 2013. The Veteran's employment at ML was not considered marginal or in a protected environment, and his gross earnings exceeded the poverty threshold.

The Board dismissed the appeal because the appellant requested to withdraw their appeal concerning higher ratings and earlier effective dates for service connection for chronic renal failure, hypertension, and surgical scars.

The Veteran's claims for increased ratings of his right knee, PTSD and alcohol abuse, episodic, GERD, cervical spine spondylosis, and degenerative arthritis of the thoracic spine disabilities are being remanded due to inadequate development. The Veteran will be scheduled for examinations to assess the current severity of these conditions.

The Veteran's initial compensable evaluation for a residual scar, left middle low back, status-post gunshot wound (GSW) iliac crest fracture surgery is granted. The issues of entitlement to increased evaluations for PTSD with alcohol use disorder and TDIU are remanded.

The Veteran's TDIU claim is being remanded due to delays in contacting him and scheduling a VA examination. The Veteran needs to provide additional evidence, including authorization for treatment records, and the RO should schedule another VA examination.

The Board has remanded the claims for a lumbar spine disability and an eye disability due to lack of contemporaneous records. The scar on head status post injury with laceration claim is denied as there is no evidence meeting the criteria for a compensable rating prior to May 10, 2019, or greater than 10 percent thereafter.

The Board has dismissed all service connection claims and rating appeals due to the Veteran's death.

The Veteran's service-connected disabilities, particularly his right thumb arthritis and right wrist disability, have prevented him from securing or following substantially gainful employment since February 6, 2009.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.