Scars decisions — 2022

The Veteran's appeals for increased ratings and service connection were dismissed. The appeal for service connection of mixed anxiety with depressive disorder was granted.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's left wrist scar is related to his military service. The case will be returned for an addendum opinion from a VA examiner.

The Board has decided to remand the case due to inadequate opinions regarding the Veteran's eye conditions and his boot camp experience. Further development is needed.

The Veteran's claims for service connection have been remanded due to the need for additional development.,No rating has been assigned as the appeal is not about a compensable evaluation.

The Veteran's service-connected disabilities have not rendered her unable to obtain or maintain substantially gainful employment, and therefore a TDIU is denied.

The Board has granted service connection for scars on the left foot (toes) as secondary to his service-connected exostosis of feet, but denied service connection for right and left lower extremity sciatica and peripheral neuropathy as secondary to his service-connected exostosis of feet.

The Veteran's claim for an initial compensable disability rating for postoperative scar on right intercostal area as secondary to mesothelioma has been dismissed due to the Veteran's death.

The Veteran's claim for a compensable initial disability rating for scars/surgical scars of the left leg wound is granted. The claim for a compensable initial disability rating for residuals of a left calf/leg wound is dismissed as moot. The Veteran's claim for a 10 percent disability rating based upon multiple noncompensable service-connected disabilities is also dismissed as moot.

The Veteran's TDIU claim is being remanded due to the need for further development and consideration of his service-connected disabilities, including their impact on employment.

The Board found that the Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, and thus denied his claim for TDIU.

The Veteran's initial compensable rating for a surgical scar, left middle finger, prior to July 16, 2018, is denied. The Veteran's evaluation in excess of 10 percent for the same condition from July 16, 2018, is also denied.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and referring the TDIU claim to the Director of Compensation Service for extraschedular consideration.

The Veteran was granted a TDIU prior to February 5, 2020 due to his service-connected PTSD. From February 5, 2020, the claim of entitlement to a TDIU is dismissed as moot because he received a 100% disability rating for lung cancer and special monthly compensation (SMC) under 38 U.S.C. § 1114(l).

The Board has remanded the cases for further development and adjudication due to issues with obtaining private treatment records from the Veteran's former address.

The Board has remanded the case due to incomplete development of the Veteran's service records and a need for further medical examination. The Veteran is seeking service connection for residuals of a head injury, including headaches and a chin laceration scar.

The Veteran's TDIU and DEA eligibility are denied as the evidence does not show that he was unable to secure or follow a substantially gainful occupation prior to May 27, 2011.,The Board found no entitlement to TDIU prior to May 27, 2011, due to the Veteran's service-connected disabilities and his ability to engage in activities such as painting and working on cars.

The Board has determined that there are errors in the duty to assist and remands the claims for further development. The Veteran's hearing loss, right arm disability (loss of range of motion), burn scars on various parts of his body, and service connection issues have been remanded.

The Veteran's claim for service connection for tendinitis was denied as new and relevant evidence did not support reopening the claim.,The Veteran's linear scar is rated noncompensable, while his painful scar remains at a 10% rating.

The Board has found that the Veteran's claims for increased ratings are inextricably intertwined with his claim for an initial compensable rating for residual scar, open reduction internal fixation right tibia-fibula. Therefore, both claims are being remanded to obtain a new VA examination and determine the current severity of the Veteran's service-connected disabilities.

The Veteran's left shoulder disability is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code (DC) 5201 for limitation of motion. The evidence does not support a higher rating as flexion and abduction are both measured from zero to 120 degrees in the August 2019 VA examination.,The Veteran's left knee disability is currently rated at 10 percent, which is also the maximum schedular rating available under DC 5259 for symptomatic removal of semilunar cartilage. The evidence does not support a higher rating.