Scars decisions — 2022

The Veteran's service-connected disabilities do not render him unemployable, as he is able to perform sedentary employment despite his knee and hip conditions.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and records.

The Board denied service connection for various disabilities, including neck/cervical spine disability, back/thoracolumbar spine disability, right elbow disability, left ankle disability, right hand numbness, scars, recurrent right ankle sprain, right foot disability, left foot disability, right kidney disorder, and left kidney disorder. The claims were based on direct service connection.

The Veteran's tracheostomy scars are rated at the maximum schedular rating of 30 percent for trunk and left upper extremity scars, which is the highest possible rating under Diagnostic Code 7804. The Board denied an increased rating as the current evaluation adequately reflects the severity of his service-connected scars.

The Veteran's service-connected disabilities render him unable to obtain and/or maintain a substantially gainful occupation.

The Veteran's chloracne and residual scarring are granted as service connected due to presumed exposure to herbicide agents during his Vietnam service.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and his right ring finger scar was initially rated at ten percent from July 13, 2021. Both conditions are denied.,For the period prior to July 13, 2021, the Veteran's right ring finger scar was not painful or unstable, resulting in a noncompensable rating. From July 13, 2021 onwards, it is rated at ten percent due to pain.

The Board has remanded the claims for service connection for various disabilities, including right hand pain, sinus disability, right knee and ankle disabilities, cervical spine disability, left foot plantar fasciitis, thyroid disability, gallbladder removal with residuals, hysterectomy, and SMC based on loss of use. The VA is instructed to obtain medical opinions addressing the etiology of these conditions in light of the Veteran's periods of active duty, ACDUTRA, and INACDUTRA.

The Veteran's effective date for adding his spouse and two children as dependents to his compensation award is denied because the required information was not provided within one year of notification.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as his earned income does not exceed the poverty threshold and he is able to maintain employment.

The Veteran's claim for a higher rating of his hernia right anterior tibialis muscle with scar prior to July 17, 2017 is being remanded due to the need for additional medical records.,The Veteran's claim for service connection for a respiratory nose injury (sinusitis) is also being remanded as there are insufficient opinions provided by the VA examiner.

The Veteran's appendectomy scars are rated at 20 percent, and the ankle disabilities are remanded for further evaluation. The TDIU claim is also remanded.

The Board has remanded the cases for further development and examination to determine if any current foot disabilities or acquired psychological disability were incurred in service.

The Veteran's bilateral pes planus was rated at a 10 percent prior to July 18, 2018 and granted a 30 percent rating from that date.,The Veteran's right knee disability was remanded for additional development as there were outstanding non-VA treatment records not in the file.,The Veteran's Meniere's disease with chronic suppurative otitis media was remanded to determine if tinnitus should be considered a symptom and whether it warranted a separate rating prior to August 7, 2020.,The Veteran's alopecia with scarring was remanded for an addendum opinion on whether the condition is more appropriately characterized as discoid lupus erythematous.

The Board has granted an earlier effective date for the grant of total disability rating based on individual unemployability (TDIU) from May 7, 2012. The Veteran's service-connected disabilities prevented him from maintaining gainful employment prior to this date.

The Board has found the VA Centralized Eligibility and Appeals Team (CEAT) review inadequate to support the decision made, as it did not address whether the Veteran requires personal care services each time he completes one or more activities of daily living (ADLs). The case is remanded for an updated CEAT review.

The Board has dismissed the appeals for all issues related to the veteran's service-connected conditions, including valvular heart disease with cardiomyopathy and atrioventricular block, paroxysmal atrial fibrillation, implanted cardiac pacemaker and third degree heart, painful scar of the left chest status post pacemaker insertion, and hypertension.

The Veteran's initial rating for his abdominal surgical scar, status post prostatectomy, remains at 0 percent as the evidence does not warrant a higher evaluation under the most recent skin criteria.

The Board has decided to remand the claims for a rating in excess of 10 percent for left anterior thigh fascial repair at thigh muscle and a compensable rating for left thigh scar, as well as the TDIU claim due to incomplete information and need for further examination.

The Veteran's petition to reopen her claim for service connection of bilateral carpal tunnel syndrome was granted, and the Board found that a remand is necessary due to insufficient evidence. The right knee disability and partial salpingectomy rating appeals are also being remanded.