Scars decisions — 2021

The Board has determined that the Veteran's claims for increased ratings are remanded due to inadequate VA examinations, and no rating assigned.

The Veteran's initial claim for a compensable disability rating for tension and posttraumatic headaches was denied.,The Veteran's claims for shell fragment wound scars, including scars on the middle lower back (sacrum), left buttock, left inguinal area, and right posterior thigh, as well as residuals of a shell fragment wound to the middle lower back (sacrum) with injury to muscle group XX, were remanded due to insufficient evidence.

The Board has determined that the Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment for the periods from January 14, 2008 to December 9, 2009, and from July 1, 2010 to October 30, 2011.

The Veteran's claim for a compensable rating for incisional abdominal scars associated with GERD prior to January 3, 2013 was denied. A 20 percent rating was granted for painful surgical scars from January 3, 2013, to April 30, 2016. The Veteran's claim for a higher rating than 20 percent for the same scars since May 1, 2016 was denied. A TDIU prior to April 7, 2010, was also denied.

The Veteran's claim of entitlement to a TDIU was part and parcel of his underlying claim of entitlement to increased ratings for his shoulder condition. The Board denied the TDIU as it appears that the Veteran was gainfully employed, although there is incomplete information regarding the precise dates of employment and whether such was gainful.

The Veteran's hearing loss of the left ear and right ear, osteomyelitis, bilateral hip disability, radiculopathy of the bilateral lower extremities, and back scar are all remanded for further evaluation. The Veteran's claims will be reconsidered based on new evidence and examinations.

The Veteran's claim for a higher rating for his residual painful scar from pilonidal cyst is denied as the evidence does not show that he has three or four unstable or painful scars, and the current rating of 10% adequately reflects the severity of his condition.

The Board denied the Veteran's claim for an earlier effective date for his TDIU award, finding that prior to March 31, 2006, his service-connected disabilities did not meet the criteria for a TDIU.

The Veteran's service-connected acquired psychiatric disorder (bipolar I disorder and cyclothymic disorder) alone supports a total disability rating based on unemployability due to service-connected disability, combined with other disabilities rated at least 60 percent.

The Veteran's right shoulder arthritis is granted a 60% rating as of November 5, 2020. His hearing loss and scars are denied higher ratings. The Veteran's CAD remains at a 30% rating.

The Board has remanded the Veteran's claims for right inguinal hernia, obturator nerve neuropathy, genito-femoral nerve neuropathy, and right inguinal scar (painful) due to outstanding Social Security Administration records that may contain relevant evidence.

The Veteran's service-connected left shoulder and PTSD disabilities do not render him unable to secure and follow a substantially gainful occupation from October 5, 2009. The Board denied entitlement to total disability based on individual unemployability (TDIU) on an extraschedular consideration basis.

The Board denied higher ratings for the Veteran's lumbar spondylosis, contact dermatitis with angioedema, and scars from fatty tissue excision. However, an earlier effective date of January 9, 2009 was granted for the 40 percent rating for the lumbar spondylosis.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, thus the TDIU claim is denied.

The Board has remanded the cases for further development due to incomplete service treatment records and conflicting medical opinions. The Veteran's claims of head injuries, headaches, and psychiatric disabilities are being reviewed.

The Board has remanded the claims for lumbar spine disorder, excessive scar tissue on the back and acquired psychiatric disorder (posttraumatic stress disorder and anxiety), diabetes mellitus, type II, right arm disorder, left arm disorder, right foot disorder, left foot disorder, and erectile dysfunction due to in-service exposure to ionizing radiation. The claims are remanded for additional development including obtaining medical opinions.

The Board has granted service connection for bilateral hearing loss and remanded the issue of a compensable evaluation for scarring of the right hand.

The Veteran's initial claim for an increased rating for a scar on the left arm was granted. A rating of 70 percent was assigned for residuals of crush injuries to the left arm, characterized as damage to muscle groups V and VI, damage to the brachial artery, and damage to the median, ulnar, and radial nerves. The Veteran's initial claim for an increased rating for a left shoulder disability prior to July 8, 2014 was denied. Since July 8, 2014, a rating of 30 percent has been granted for the left shoulder disability. The Veteran's initial claim for an increased rating for a left wrist disability is denied.

The Veteran is seeking an earlier effective date for a 20 percent evaluation for her painful/unstable scar from appendectomy, which was initially granted in July 2007. The Board has remanded the case to consider whether there is clear and unmistakable error (CUE) in the assignment of this rating.

The Veteran's SFW right hip, pelvic girdle muscles of the right hip (Muscle Groups XVI and XVIII), anterior and posterior chest with scars, right side, and muscles of the neck have been granted increased ratings. The Veteran is in receipt of a 50 percent evaluation for his anterior and posterior chest with scars, right side, as this falls under the combined rating rules.