Scars decisions — 2021

The Veteran's scars, status-post laparotomy, are rated at 20 percent effective May 13, 2014.

The Veteran's polycoria of the right eye with retinal scar and traumatic aphakia, secondary to blast concussion with traumatic cataract and defective vision is rated at 30 percent. The Board denied a higher rating as his corrected visual acuity for distance has been 20/70 at worst in the right eye and 20/40 or better in the left eye; he did not have impairment of visual field or muscle function or any incapacitating episodes due to this service-connected condition.

The Board denied the Veteran's claim for service connection for cause of death, finding that there was no evidence linking his cause of death to active duty service or any related exposures.

The Veteran's claim for an initial rating in excess of 20 percent for painful right foot scars was denied.,An initial compensable rating (10%) for the service-connected right foot scars, associated with bunionectomy, was also denied.

The Veteran's appeals for service connection for cysts, testosterone disability, and facial scars were dismissed. The claim for service connection for a right knee disability was reopened due to new evidence, but the appeal remains pending as it is remanded for further development.

The Board has remanded the case due to an unresolved issue regarding the effective date of service connection for a scar, and the Veteran's desire to appeal the initial rating.

The Veteran's service-connected disabilities, including dementia, paralysis of the left mandibular nerve, bilateral hearing loss, and multiple cold weather injuries, rendered him unable to secure or maintain substantially gainful employment from October 31, 2012, on a schedular basis. From March 24, 2010, he was granted TDIU based on his combined disability rating of 70 percent.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since April 29, 2015. The Board has granted TDIU for the periods from April 29, 2015 to June 9, 2016 and from August 1, 2018 to May 20, 2021.

The Veteran's appeal is remanded due to a pre-decisional error in not considering the possibility of a TDIU based solely on his service-connected lobectomy, which could potentially entitle him to SMC under 38 U.S.C. § 1114(s).

The Veteran's initial rating for scar, left lower extremity, residual of tarsal tunnel surgery was denied as the service-connected scar does not meet the criteria for a compensable rating under Diagnostic Code 7802.,The Veteran's initial rating for tarsal tunnel syndrome, left lower extremity, is remanded due to inadequate examination prior to the April 2020 decision.

The Veteran's left knee scars are being remanded for a VA examination to determine their severity, as the current evaluations do not consider all relevant criteria.

The Veteran's initial rating for scar, left lower extremity, residual of tarsal tunnel surgery was denied as the disability does not meet the criteria for a compensable rating under Diagnostic Code 7802.,The Veteran's initial rating for tarsal tunnel syndrome, left lower extremity, is remanded due to inadequate examination prior to the April 2020 decision.

The Board has decided to remand the case due to incomplete information in a previous VA examination, specifically regarding whether the Veteran's difficulty in depth perception can be measured as a decrease in visual acuity, impairment of visual field, or impairment of muscle function.

The Veteran's appeal was dismissed due to his death, and no final decision could be made on the merits of his claims.

The Veteran's appeals for service connection for various conditions have been dismissed. The Board found that the Veteran withdrew his claims, and a new examination is needed to determine if any left ankle disability is related to military service.

The Board has remanded the Veteran's claim for special monthly compensation based on aid and attendance due to a lack of clarity regarding which service-connected disabilities are causing his need for assistance. The case is now pending further examination and clarification.

The Veteran's service-connected left breast scar was not shown to meet the criteria for a rating greater than 10 percent prior to January 12, 2017.,From January 12, 2017, the Veteran's service connected right and left breast scars were rated as two painful or unstable post lumpectomy scars, with no more than three painful or unstable scars. The criteria for a rating greater than 20 percent have not been met.

The Veteran's service-connected disabilities, particularly his PTSD and physical conditions like shoulder and back scarring, do not prevent him from securing or following a substantially gainful occupation.

The Veteran's appeal is being remanded due to his failure to appear at a VA examination. The VA will schedule him for an appropriate clinician to determine the current severity of his service-connected respiratory disability, including pulmonary function testing (PFT).

The Veteran's claims for service connection of right knee disability, inguinal hernia, and scar on left groin are remanded due to insufficient evidence.