Scars decisions — 2021

The Board has remanded the case for additional development due to outstanding private treatment records and a request for Social Security Administration (SSA) records. The issues of service connection, evaluation in excess of 10 percent disabling, and initial evaluation in excess of 10 percent disabling are pending.

The Veteran's claim for an increased rating for his right shoulder arthroplasty with scars was denied. However, he was granted a total disability rating based on individual unemployability (TDIU) due to service-connected right shoulder arthroplasty with scars.

The Veteran's Migraine Headaches are rated at 50 percent from January 22, 2020 and granted. The compensable rating for Traumatic Brain Injury prior to January 22, 2020 is denied. The issue of TDIU has been raised.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to March 17, 2016.

The Board has remanded the claims for service connection due to potential issues with obtaining medical records and a VA examination. The Veteran's back condition may be related to his in-service activities, but further evidence is needed.

The Veteran's claims for increased ratings and TDIU were denied. The left lower leg scar was rated at 10 percent prior to February 4, 2021 and at 20 percent thereafter.,TDIU was denied as the Veteran did not meet the schedular criteria for a combined disability rating of 70 percent due to his service-connected disabilities.

The Veteran's appeal is remanded for additional development regarding his left foot and ankle condition, folliculitis of the face, and scarring of the scalp. The low back disability claim remains denied.

The Veteran's scar, status-post incision and drainage of cellulitis right lower extremity is granted a disability rating of 10 percent.

The Veteran's rating for TBI is denied as it does not meet the criteria for a higher than 70 percent rating. The service connection for a neck and upper back condition is remanded.

The Veteran's claim for a compensable rating for the residual scar, right forearm is granted. The claim for an increased rating in excess of 70 percent disabling for major depressive disorder with anxious distress to include TBI is denied. Service connection for sleep apnea is remanded.

The Veteran's claims for service connection and a separate 10 percent rating, but not higher, for a painful scar of the left knee are granted. The claim for service connection for erectile dysfunction as secondary to service-connected hypertension is also granted.

The Veteran's claims for service connection have been dismissed as she has withdrawn her appeals regarding these conditions.

The Board has determined that the reduction in rating of a left knee disability from 20 percent to 10 percent was improper and restored the original rating. The Veteran's claims for increased ratings, service connection, and TDIU are remanded.

The Veteran's tinnitus is granted service connection, and the effective date for a 20% rating for his left shoulder disability is set at September 1, 2014. Service connection for left shoulder residual scars is also granted with an effective date of July 18, 2014. The Veteran's right knee patellofemoral syndrome and limitation of extension ratings are all remanded.

The Board has granted service connection for hemorrhaging residuals and retinal scarring of the right eye, finding that the Veteran's current condition is due to an in-service injury.

The Veteran's TDIU claim for service-connected disabilities is granted. The initial increased rating and compensable rating claims for right hand scars are denied.

The Board has remanded several claims for further development, including obtaining medical records from the Veteran's periods of Reserve service and scheduling VA examinations to address the etiology of various conditions.

The Board has determined that additional development is needed for the issues of entitlement to evaluations for various knee disabilities. The Veteran will need a new VA examination to assess his current level of severity and range of motion.

The Board granted a separate 10 percent rating for left hand scar-1, which was already service-connected and had a 10 percent rating for another left-hand scar (left hand scar-2). The decision is based on the correct application of VA's post-August 13, 2018 regulations for rating scars.

The Veteran's claim for a compensable rating for bilateral hearing loss prior to October 11, 2019, and a rating in excess of 10 percent thereafter is granted. The Veteran's right elbow lateral epicondylitis remains rated at 10 percent.