Scars decisions — 2022

The Veteran's service-connected PTSD has rendered him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU.

The Veteran's TDIU claim is remanded due to new evidence and outstanding VA treatment records. The RO must consider the new evidence in determining whether TDIU is warranted.

The Veteran's claim for a rating of 10 percent for residuals of scar on the right lower leg from January 11, 2022, and no earlier, is granted. Service connection for PTSD and depression is also granted, but service connection for other conditions like a bilateral foot disorder, neck or cervical spine disorder, sleep apnea, and gastritis are denied.

The Veteran's right wrist scar and condition are granted service connection, but the increased rating for his right wrist condition is remanded due to new evidence being required. The TDIU claim is also remanded as it is intertwined with the right wrist disability.

The Board has remanded the claims of service connection for skin cancer and scarring of the head and nose, as well as the claim for TDIU due to incomplete factual premises in a previous VA medical opinion. The Veteran's active duty service is considered, but his diagnoses predate his military service.

The Veteran's claims for service connection for a respiratory condition and an acquired psychiatric disorder have been denied.,The Veteran's claim for service connection for skin disabilities of the nose and neck has been remanded due to a pre-decisional duty-to-assist error.

The Veteran's service-connected bilateral shoulder conditions and foot disabilities prevented him from securing or maintaining substantially gainful employment prior to November 1, 2018.

The Veteran's service-connected disabilities do not involve the anatomical loss or use of both feet or one hand and one foot, nor do they cause him to be permanently bedridden or render him in need of regular aid and attendance. The Board finds that SMC based on the need for aid and attendance is not warranted.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea (OSA) due to insufficient evidence regarding whether his service-connected disabilities aggravated his obesity, which in turn may have contributed to his OSA.

The Board has remanded the claims for service connection due to incomplete records and requests for further development. The Veteran's right testicle disability is at the center of all these issues, which are now being reviewed again.

The Veteran's appeal for an initial evaluation in excess of 10 percent for service-connected lumbar radiculopathy of the right lower extremity is dismissed.,The Veteran's appeal for an initial evaluation in excess of 20 percent for a service-connected left leg disability with scarring is dismissed.,The Veteran's appeal for an initial evaluation in excess of 10 percent for residuals of an in-service traumatic brain injury (TBI) is remanded.,The Veteran's appeal for service connection for erectile dysfunction, to include as secondary to one or more service-connected disabilities and/or the medications prescribed for treatment of such, is remanded.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to incomplete information regarding the Veteran's employment and income.

The Veteran's initial ratings for gastroparesis with gastric stimulator and abdominal scar, status post gastric stimulator placement have been granted. The rating for gastroparesis is set at 60 percent, while the rating for the abdominal scar is set at 10 percent.

The Veteran's claims for higher ratings on multiple service-connected conditions are remanded.,The Veteran's claim for a TDIU rating and DEA benefits is also remanded due to the need for updated VA Forms 21-4142 and treatment records.

The Veteran's service-connected conditions did not prevent him from securing and maintaining substantially gainful employment during the period of appeal.

The Board denied a TDIU from November 2, 2016, to July 17, 2017, due to the Veteran's ability to maintain gainful employment during this period. The Board found that his service-connected disabilities did not prevent him from securing and following substantially gainful occupation.

The Veteran's initial compensable rating for scar, status post coronary artery disease and an initial rating in excess of 10 percent for coronary artery disease have both been denied by the Board.

The Veteran's TDIU claim is granted for the periods from January 9, 2013 to January 13, 2020, and from May 15, 2020. The Board found that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.

The Veteran requested to withdraw his claim for Total Disability due to Individual Unemployability (TDIU). The Board dismissed the appeal as a result.

The Veteran's service-connected disabilities did not render him so helpless as to need regular aid and attendance or bedridden, thus denying entitlement to special monthly compensation based on the need for aid and attendance or housebound status.