Scars decisions — 2022

The Veteran's service-connected disabilities, including PTSD and bilateral foot conditions, make it impossible for him to obtain or maintain a substantially gainful occupation. The Board has determined that the evidence is in an approximate balance as to whether he can perform the physical and mental acts required by such employment.

The Board has remanded the issues of entitlement to higher ratings for right and left knee disabilities due to insufficient evidence at the time of the previous rating decisions. The Veteran's service-connected conditions have been found to warrant a new examination.

The Board has remanded the Veteran's claim for service connection of cataracts due to a duty to assist error. The chest scar disability rating issue remains under review.

The Veteran's TDIU claim is granted with an effective date of August 7, 2017. His eligibility for Dependents' Educational Assistance (DEA) benefits is also granted as of this date.

The Board has granted the Veteran's claim for a total disability rating based on unemployability due to service-connected disabilities, finding that his Parkinson's disease and related conditions rendered him unable to secure or maintain gainful employment.

The Board has determined that the Veteran's claims for compensation under 38 U.S.C. 1151 and TDIU are remanded due to pre-decisional duty-to-assist errors, including failure to obtain relevant treatment records and provide an adequate examination.

The Veteran's appeals regarding service connection for GERD, right knee osteoarthritis, painful right knee scar, bilateral hearing loss, left thumb disability, left thumb scar, and left hip muscle strain (flexion) have been dismissed due to the Veteran's request for withdrawal of these issues.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to insufficient information about his employment history and educational background.

The Veteran's scars associated with his liver transplant are rated at 20 percent effective July 18, 2017. Prior to this date, the scars were not considered unstable or painful.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of one or both knees or hips. Therefore, he does not qualify for financial assistance in purchasing a vehicle and adaptive equipment.

The Board has granted service connection for squamous cell carcinoma due to in-service herbicide agent exposure and for osteoradionecrosis of the jaw, peristalsis condition, and scars as secondary to squamous cell carcinoma.

The Veteran's appeal for a higher rating for service-connected chronic gastritis is denied as the evidence does not show multiple small eroded or ulcerated areas and symptoms.,The Veteran's appeals for a higher rating for service-connected left great toe condition (metatarsophalangeal joint) and residual scars of the left foot are remanded due to conflicting opinions regarding the relationship between his service-connected conditions and the amputations.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete evaluations, including a lack of consideration of the Veteran's lay statements regarding in-service noise exposure. The claims are being returned for further development.

The Veteran's service connection claims for left arm, chest, back, and abdominal scars are granted.,The Veteran's acquired psychiatric disorder (panic disorder without agoraphobia) and IBS are also granted as service connected.

The Board denied service connection for hypertension, a lung disorder other than COPD and bronchitis (claimed as collapsed lung), benign prostatic hypertrophy, and transient ischemic attack. The evidence did not support the Veteran's claims that these conditions were related to his military service.

The Board has remanded the Veteran's claims due to inconsistencies in his service-connected eye disabilities and ratings, as well as conflicting VA examinations. Clarification is needed regarding the Veteran's current eye conditions and their relationship to military service.

The Veteran's right shoulder disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted based on current evidence of record.,The Veteran's scars are currently rated as noncompensable. The Board finds that given the presence of multiple scars with pigmentation problems, a compensable rating (10%) for one characteristic of disfigurement is warranted.

The Veteran's claim for service connection for hypertension was reopened due to the submission of new and material evidence. The claim is granted.,A compensable disability rating (10%) is granted for a painful scar in the left Achilles' heel, subject to the law and regulations governing the payment of monetary benefits.,Service connection for a psychiatric disorder, diagnosed as a phobia of flying and manifested by intrusive dreams, sleep impairment, and mild memory loss, is granted.,The Veteran's claim for increased ratings for various conditions remains pending and will be remanded.

The Board has granted service connection for a scar of the right axilla caused by the Veteran's service-connected Hodgkin's lymphoma. However, it denied service connection for malignant skin neoplasms as they are not attributable to service.

The Veteran's claims for increased ratings and service connection are remanded due to inadequate VA examinations, missing service treatment records, and outstanding private treatment records.