Scars decisions — 2021

The Board has granted increased ratings for the Veteran's inguinal hernia and residual scars, but has remanded issues regarding hip disability and entitlement to TDIU.

The Veteran's claim for an initial rating in excess of 10 percent for painful scars on the right eye and nose was denied. The Board found that the evidence did not support a higher rating as there were no three or four unstable or painful scars.,The Veteran's claim for a compensable rating for dental injury with implant, tooth number 8 was also denied. The Court noted that VA must separately evaluate loss of vocal articulation and other impairments under appropriate diagnostic codes.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, consistent with his education and occupational experience.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and analysis. The TDIU claim is also being remanded as it is inextricably intertwined with the other issues.

The Veteran's service connection claim for a traumatic brain injury (TBI) or its residuals is denied, but she is granted service connection for the residual scar from a head laceration on her scalp.

The Veteran's left arm scar is rated at 10 percent, but the Board found no evidence to support a higher rating due to stable and non-functional scars.

The Veteran withdrew his appeals for sleep apnea and increased ratings for abdominal scars, resulting in their dismissal.

The Board has remanded the claims for hearing loss, PTSD, left ankle scars, Achilles tendonitis, lumbar degenerative disc disease, and headaches due to incomplete examinations. The Veteran's service connection claims are being reviewed again.

The Veteran's appeal for a compensable rating for his inguinal hernia repair and associated scars has been dismissed as the Veteran withdrew his appeal prior to any decision being made.

The Veteran's claim for increased ratings for right lower extremity surgical scars, status post total knee replacement was denied. Prior to March 25, 2019, the rating remained at 10 percent and from that date it was denied a higher rating of 20 percent.

The Veteran's service-connected depressive disorder with anxiety is found to be the proximate cause of his current coronary artery disease (CAD). The Board has granted service connection for CAD as secondary to this condition.

The Board has remanded the Veteran's claims for additional examinations and evidence to determine appropriate disability ratings.

The Board denied a total disability rating based on individual unemployability (TDIU) prior to May 28, 2009 due to the Veteran's service-connected disabilities not preventing him from obtaining or maintaining substantially gainful employment.

The Board denied a higher initial compensable disability rating for the Veteran's right eye corneal scar, finding that his condition did not meet criteria for such a rating based on visual impairment or incapacitating episodes.

The Veteran's service-connected disabilities, including her lumbosacral degenerative disc disease and right foot injury, have rendered her unable to secure or maintain substantially gainful employment for the appeal period prior to April 22, 2013.

The Veteran's service-connected disabilities have rendered him unemployable, and the Board has granted a TDIU on an extraschedular basis for the period prior to January 13, 2014.

The Board has remanded several issues related to the Veteran's claims of service connection for various disabilities, including right shoulder and elbow disabilities, left knee and cervical spine disabilities, obstructive sleep apnea, bilateral hearing loss, and tinnitus. The issues have been referred back to VA for further examination and opinion.

The Board has remanded the cases for additional development due to unclear evidence regarding current disabilities and their relationship to service. The Veteran's claims for scar, TBI, neck injury, headaches, and left ear disability are currently pending.

The Veteran's claims for service connection have been reopened and are granted. Service connection is established for bilateral hearing loss, tinnitus, and PTSD.

The Board denied a TDIU on an extraschedular basis as the Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.