Scars decisions — 2022

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, warranting a TDIU for the appeal period prior to April 1, 2021.

The Board denied the Veteran's claims for service connection for right knee disability, left ankle disability, and left shoulder disability. The Board found that there was no evidence of chronicity or continuity of symptomatology after service.,The Board also denied the Veteran's claim for service connection for a left shoulder scar as it is considered a residual from his non-service-connected left shoulder rotator cuff repair surgery.

The Veteran's claim for an initial compensable rating for service-connected abdomen scar is denied as the scars do not meet the criteria for a compensable rating under VA regulations.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional VA examinations and compliance with previous remand directives.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of an in-service event, injury, or disease leading to her current stomach disability. For other conditions, the evidence was insufficient to grant higher ratings.

The Veteran's claims for increased PTSD evaluation, service connection for coccidioidomycosis, right clavicle disorder with scars, and arthritis in the shoulders, ribs, chest wall, and hands were all denied. The Board found that the Veteran did not meet the criteria for a higher rating or service connection.

The Veteran's appeal is remanded for further development regarding his service-connected disabilities, including evaluations for lumbosacral strain with degenerative disc disease and limitations of motion and rotation of the right thigh.

The Veteran's service-connected disabilities do not meet the criteria for a total disability evaluation based on individual unemployability (TDIU) as he is currently employed by the U.S. Department of Veterans Affairs.

The Veteran's service-connected conditions do not prevent him from securing or following a substantially gainful occupation.

The Veteran's service-connected right knee disability and scars do not preclude him from securing or following substantially gainful employment, as he can perform sedentary work.

The Board denied the Veteran's claim for an effective date prior to February 13, 2018 for a compensable disability rating for primary open angle glaucoma with pseudophakia and macular scar. The Veteran was previously granted service connection in August 2009 but received a noncompensable disability rating due to lack of evidence warranting higher ratings.

The Veteran's TDIU claim is granted from November 15, 2018. The issue of entitlement to a TDIU for the period from July 13, 2019, to April 1, 2021, is rendered moot due to SMC benefits based on aid and attendance being in effect during this timeframe.

The Veteran's surgical scars of the neck are granted a 10 percent rating, effective from August 21, 2019. For the period beginning March 5, 2020, she is granted a separate noncompensable rating for her surgical scars of the neck. The appeal regarding the reduction in evaluation for left upper extremity radiculopathy was dismissed as moot.

The Veteran's service-connected disabilities, including TBI with an acquired psychiatric disorder (PTSD, major depressive disorder, and generalized anxiety disorder), right knee instability, left knee instability, right lower extremity radiculopathy, right ankle instability, right ankle degenerative joint disease, left knee degenerative joint disease, lumbar spine degenerative disc disease with left neural foramina stenosis, right knee semilunar cartilage removal residuals, left knee semilunar cartilage removal residuals, appendectomy scar residuals (right arm and face), spider bites residuals (right arm and face), a right knee scar, a left knee scar, and tension headaches, have necessitated the need for regular aid and attendance of another individual. The Board has granted special monthly compensation based on this need.

The Veteran's claim for TDIU prior to May 26, 2021 is remanded due to insufficient evidence of unemployability due to service-connected disabilities. The case will be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected disabilities, including psoriasis, cervical spine disability, low back disability, radiculopathy of the bilateral upper extremities, left shoulder disability, residuals of a left fibula scar, and other conditions, have rendered him unemployable since August 23, 2013. The Board has granted TDIU benefits from that date.

The Veteran's PTSD was granted a 50 percent rating prior to June 27, 2022. A higher rating of 70 percent for PTSD since that date is denied. The Veteran's recurrent lipomas and lipoma scar were both found not to warrant compensable ratings.

The Veteran's claims for service connection are remanded due to the need for additional medical records and examinations. The mental health claim is related to a possible PTSD diagnosis, while the gastrointestinal disorder claim requires further examination of potential connections to service. The left wrist scars claim also needs an examination.

The Board has dismissed the appeals for service connection for corneal scar, left eye and abdominal aortic aneurysm due to the Appellant's withdrawal of the appeal.

The Veteran is not eligible for a TDIU on a schedular basis prior to May 18, 2021. However, the Board finds that he may be entitled to an extraschedular TDIU due to service-connected disabilities and refers the matter to the Director of Compensation Service.