Scars decisions — 2022

The Veteran's claims for increased ratings for his bilateral knee disabilities are remanded due to a duty to assist error.

The Veteran's burn scars of the lower extremities have been granted maximum ratings based on their area. Service connection for congestive heart failure has been denied, and a claim for compensation under 38 U.S.C. § 1151 for congestive heart failure resulting from VA treatment is also denied.,The Veteran's burn scars of the lower extremities have been granted maximum ratings based on their area. Service connection for congestive heart failure has been denied, and a claim for compensation under 38 U.S.C. § 1151 for congestive heart failure resulting from VA treatment is also denied.,The Veteran's burn scars of the lower extremities have been granted maximum ratings based on their area. Service connection for congestive heart failure has been denied, and a claim for compensation under 38 U.S.C. § 1151 for congestive heart failure resulting from VA treatment is also denied.,The Veteran's burn scars of the lower extremities have been granted maximum ratings based on their area. Service connection for congestive heart failure has been denied, and a claim for compensation under 38 U.S.C. § 1151 for congestive heart failure resulting from VA treatment is also denied.

The Veteran's claims for increased ratings for his scar and superficial nonlinear scar are being remanded due to the need for additional examinations.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss disability, traumatic brain injury residuals, and facial scarring. The decision is based on the Veteran's failure to report for necessary examinations without explanation.

The Veteran's claim for an increased disability rating for his right eye corneal and chorioretinal scar was denied. The left eye disability, characterized by chronic symptoms of burning, itching, watering, and pain, also resulted in a denial.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as his employment history is unclear and he has worked at times throughout the appeal period.

The Veteran's tinnitus is granted service connection. The remaining issues are remanded for further development.

The Board has remanded the claims of service connection for pancreatic cancer and scars related to pancreatic cancer treatment due to incomplete opinions regarding their etiology.

The Board has found that the RO substantially complied with the April 2022 Board remand directives and is still unable to make a determination on whether the Veteran is entitled to a separate compensable rating for his symptoms of right shoulder scar numbness and tingling secondary to his service-connected right shoulder disability. The matter is REMANDED for an examination regarding the nature, severity, and etiology of any such symptoms.

The Veteran's left upper extremity scar, stomach/torso scars, and residuals of a collapsed lung are all found to be related to his service. The Board has granted the claims for these conditions.

The Veteran's service-connected disabilities, including migraine headaches and musculoskeletal conditions, have precluded her from securing or following substantially gainful employment for the entirety of the appeal period. The Board has granted a TDIU based on these service-connected disabilities.

The Veteran's claims for increased ratings and separate ratings for lower extremity radiculopathy have been remanded. The claim for a compensable evaluation for scar, residual of anterior and lateral compartment fasciotomies has been dismissed.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining outstanding treatment records. The issue of a TDIU on an extraschedular basis will also be referred to the Director, Compensation Service.

The Veteran's appeal for service connection for scarring of the left hand is dismissed as his claim has been granted. Service connection for scarring of the forehead is granted.

The Board has determined that the Veteran's claims for earlier effective dates are denied as there is no evidence of a formal or informal claim prior to the assigned effective dates. The cases have been REMANDED for further development and examination.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including increased ratings for various orthopedic conditions and hypertension. The remand is due to incomplete VA treatment records and the need for new examinations to assess current disability levels.

The Board has remanded the case due to errors in its discussion of the Veteran's claim for residuals of a bilateral hand injury and failure to consider evidence related to the right lower extremity disability. The issues are now pending before the Board again.

The Board has found the VA Centralized Eligibility and Appeals Team (CEAT) review inadequate to support the decision made, as it did not address significant medical evidence concerning whether the Veteran may require daily assistance to complete an ADL or a need for supervision, protection, or instruction. The matter is remanded for further review.

The Board has remanded the Veteran's claims for an initial compensable rating for residual surgical scar, associated with right knee disability and entitlement to a total disability rating due to individual unemployability (TDIU) prior to April 3, 2019. The AOJ is required to issue a Supplemental Statement of the Case regarding these issues.

The Board has remanded the Veteran's claims for SMC due to his service-connected disabilities, and it is unclear if he qualifies for higher levels of SMC based on his current conditions.