Scars decisions — 2022

The Veteran's service-connected disabilities, including left shoulder strain, right knee arthritis, and hearing loss, have rendered him unable to secure or maintain substantially gainful employment since September 11, 2012.

The Veteran's initial claims for increased ratings for coronary artery disease status post bypass graft and associated scar have been remanded due to a duty to assist error. The VA is required to schedule the Veteran for examinations to assess the current severity of his service-connected disabilities.

The Veteran's claim for service connection of a left sinus scar was denied in June 1991. The effective date for the grant of service connection is set at January 14, 2016, which is when the Veteran submitted an Intent to file a new claim.

The Veteran's service-connected disabilities do not meet the threshold criteria for a serious injury, thus denying his appeal seeking PCAFC eligibility.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and readjudicating the claims.

The Veteran's claim for TDIU is being remanded due to the Board's failure to provide an adequate statement of reasons or bases for its decision. The case will be referred to the Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration of assignment of a TDIU on an extraschedular basis.

The Veteran's claim for increased SMC under 38 U.S.C. § 1114(r)(2) is remanded due to inadequate VA examination reports and the need for additional evidence regarding his care needs.

The Veteran meets the schedular criteria for a TDIU, and his service-connected conditions have rendered him unable to secure or follow a substantially gainful employment.

The Veteran's claims for increased ratings are being remanded due to the need to obtain VA clinic records since service discharge and associate them with the record.

The Veteran's scar on the top of his head is rated at 30 percent, with a separate 10 percent rating for painful scars. The Veteran also received TDIU benefits effective January 14, 2021.

The Veteran's claim for a 10 percent rating under 38 C.F.R. § 3.324 before May 2, 2019 is denied as he has received compensable ratings since April 2013. The claims for increased ratings of residuals of shell fragment wound and scar are remanded due to the need for additional development.

The Veteran's appeal for a rating in excess of 70 percent for PTSD has been withdrawn. The reduction from a 10 percent to a noncompensable (0 percent) rating for the left eyebrow scar is granted, effective March 14, 2022.

The Veteran's service-connected disabilities, including traumatic arthritis and back injury, prevented him from securing and following substantially gainful employment prior to May 8, 2019. The Board granted a TDIU rating on an extraschedular basis.

The Veteran's right knee surgical scars are not unstable or painful, and have no other disabling effects. Therefore, a compensable rating is denied.,Right hand disability: The Veteran's right hand disabilities are related to his service-connected cervical spine injury. Further examination is needed to determine the severity of these conditions and their impact on function.,Right wrist strain: Right wrist strain requires an initial rating in excess of 10 percent, but further examination is needed to assess the extent of symptoms and functional impairment.,Right knee disability: The Veteran's right knee disabilities require a rating in excess of 10 percent. However, the severity and frequency of his meniscal tear need to be assessed by a VA examiner.,Left knee patellar tendonitis and strain: An initial rating in excess of 10 percent is required for left knee disability, but further examination is needed to assess symptoms and functional impairment.

The Board has remanded the cases for further development and to obtain medical opinions regarding the etiology of the Veteran's COPD and his bilateral photophobia, dry eye syndrome, and arcus senilis.

The Board has remanded several claims for further development, including obtaining missing VA medical records and scheduling additional examinations. The TDIU issue is inextricably intertwined with the remaining claims.

The Board has remanded the Veteran's claims for bilateral plantar fasciitis, left and right knee disabilities, and residual scar from inguinal hernia repair due to potential service connection issues.

The Veteran's PTSD is rated at 30 percent, which is the maximum rating available under Diagnostic Code 9411.,The Veteran's residuals of gunshot wound, right upper lobe, are currently rated at 30 percent, as there is no evidence of a severe muscle disability. The Veteran is not entitled to a higher rating based on his current symptoms and examination findings.,The Veteran's thoracotomy scar, right side, does not meet the criteria for a compensable rating under Diagnostic Code 7802.

The Veteran's claims for increased ratings for various service-connected conditions have been denied. The left hip degenerative arthritis is not compensable, as the evidence does not show any functional loss due to pain or other symptoms. Ratings for right hip disability are also denied, with no limitation of extension found and flexion limited at 90 degrees. A chest scar has no associated underlying soft tissue damage or disabling effects. Bilateral hearing loss is also not compensable.

The Board has remanded the claim for service connection for a skin disability, variably diagnosed, due to insufficient medical opinions regarding the relationship between the Veteran's in-service exposure to contaminated water at Camp Lejeune and her current skin disabilities. The VA examiner is requested to address whether the delay of 16 years between the cessation of exposure and onset of symptoms affects the determination of nexus.