Scars decisions — 2021

The Veteran's TDIU claim is granted. The Board finds that the Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, particularly PTSD and right knee/lumbosacral spine disabilities. His initial rating claims are remanded as new examinations are necessary given the lack of adequate testing in previous VA examination reports.

The Veteran's appeal for service connection for a neck condition was dismissed due to his death.

The Veteran's bilateral wrist fracture residuals and painful scars do not warrant an extra-schedular rating or a TDIU on an extra-schedular basis.

The Veteran's claim for an initial compensable evaluation for the residuals of an abdominal scar, as due to service-connected prostate cancer, is denied. The evidence does not show objective evidence of a painful or unstable scar, nor does it measure greater than 39 square centimeters.

The Veteran's bilateral knee instability, IVDS, and arthroscopy scars are being remanded for further examination and opinion. The service connection for his lumbar condition is also being remanded.

The Veteran's post-operative left anterior cubital fossa scar is granted service connection. The claim for a left upper extremity neurological disability, including left radial nerve palsy, is remanded due to the need for further evaluation and treatment records.

The Veteran's claim for an increased rating for left leg radiculopathy and spondylolisthesis, as well as his TDIU from October 31, 2012, is granted. The claim for a compensable rating for scar status post spinal fusion remains pending.

The Veteran's service-connected burn scars and PTSD are granted effective from June 3, 1993 for the former and June 14, 2016 for the latter.

The Veteran's service connection claim for malignant neoplasms, including skin cancer and residuals thereof (left axillary lymph node dissection and scarring) is granted due to exposure to herbicides during his military service. The left axillary lymph node dissection is also granted as it is related to the Veteran's melanoma.

The Board denied the Veteran's claims for effective dates prior to May 22, 2020 for service connection of various conditions secondary to his service-connected hypertension.

The Board has granted service connection for sinusitis with polyps, residuals of pilonidal cysts, left buttock scar, TMJ dysfunction with bruxism, a left knee/quadricep disability, and a right knee/quadricep disability. The conditions are found to be at least as likely as not the result of in-service disease or injury.

The Veteran's service-connected disabilities do not render him in need of the regular aid and attendance of another person.

The Veteran's non-tender scar, right lower abdomen status post appendectomy was evaluated under Diagnostic Codes 7802 and 7804. The Board found that the preponderance of evidence did not warrant a compensable rating under either code due to lack of instability or underlying tissue damage.

The Veteran's chloracne and facial scars are presumed to have been caused by his in-service exposure to herbicide agents. However, the VA examiner needs to address whether the pre-existing scarring on his chin and cheek at his June 1965 pre-induction examination is related to service.

The Veteran's scar, gunshot wound to right hand is granted a 10 percent rating. The Veteran's gunshot wound right hand with painful/limited motion of the thumb is denied an increased rating in excess of 10 percent.

The Veteran's TDIU claim is remanded due to a predecisional duty to assist error. A retrospective medical opinion is needed to assess the extent of his functional impairment from service-connected disabilities prior to February 13, 2020.

The Veteran's service-connected disabilities meet the schedular criteria for award of a TDIU, and entitlement to TDIU is granted from November 1, 2019.

The Veteran's left ear scar is granted service connection, with the Board finding it at least as likely as not related to military service.,Service connection for a stomach condition is denied. The VA examiner found no chronic stomach disability and opined that any current stomach condition is less likely than not related to service.

The Veteran withdrew all remaining issues associated with this appeal, including service connection for loss of balance and increased ratings for various psychiatric and physical disabilities. The appeal is dismissed.

The Board has decided to remand the case due to inadequate examination and potential outstanding VA treatment records. The Veteran needs a new VA examination to assess his service-connected painful linear chest scar.