Scars decisions — 2022

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU.

The Veteran's service-connected disabilities, including his DDD involving the lumbosacral spine and related radiculopathy conditions, have rendered him unable to secure or maintain substantially gainful employment since December 1, 2011.

The Board has remanded the Veteran's claims for a compensable evaluation for his shoulder scar and service connection for his back disability due to the need for updated examinations and additional medical opinions.

The Veteran's service connection for PTSD, Major Depressive Disorder, and Anxiety Disorder is granted. The initial rating for low back disability prior to June 7, 2019 is granted at 20 percent. A higher than 40 percent rating for the low back disability since June 7, 2019 is denied. Initial ratings of 10 percent are granted for right sciatica and scar formation in the right cranium prior to June 6, 2019. The issue of service connection for joint pain is dismissed.

The Board has determined that the Veteran does not have current back scars and therefore denied his claim for service connection.

Service connection for bilateral upper extremity neuropathy, left lower extremity neuropathy, PTSD, depressive disorder, hypertension, tinnitus, anxiety disorder, and left leg scar is granted. Service connection for head scar is denied.,The Veteran's hypertension was granted on a presumptive basis due to herbicide agent exposure.

The Board denied an initial compensable rating for the Veteran's operative scar at the lower lumbar spine, finding that it did not meet the criteria for a 10% disability rating under Diagnostic Code 7804 due to its size and lack of pain or instability.

The Veteran's service-connected disabilities have prevented them from obtaining or maintaining gainful employment, and the Board has granted a TDIU rating.

The Board has determined that additional evidence must be obtained before the claims for service connection and rating can be decided. The Veteran's TDIU claim is also remanded as it is inextricably intertwined with his other claims.

The Veteran's right arm scar due to gunshot wound residuals is denied for a compensable rating prior to October 17, 2019 and a rating in excess of 10 percent since that date.

The Veteran's service-connected disabilities, including headaches and back issues, have rendered him unable to secure and follow a substantially gainful occupation. The Board has granted his claim for total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities, including bilateral lower extremity radiculopathy, right tibia distal fracture, degenerative disc disease with spinal stenosis, and scars from lumbar spine fusion, render him so helpless as to require regular aid and attendance of another person. The Board granted the claim for special monthly compensation based on the need for aid and attendance.

The Board has restored the 10% rating for the Veteran's service-connected right knee scar from March 20, 2017 to March 1, 2019. The cases of left and right total knee replacements are remanded due to inadequate VA examination reports.

The Veteran's claim for a clothing allowance based on the use of a right foot orthotic device was denied because there is no record of him using such an orthotic in 2020 or 2021.

The Board has dismissed the Veteran's appeals regarding earlier effective dates for service connection and increased ratings for various radiculopathy conditions and a left knee scar, as these decisions were not initial decisions under the AMA.

The Veteran's initial claims for increased ratings for right and left shoulder surgical scars prior to May 7, 2019 were denied. From that date onwards, a 10 percent rating was granted for both the right and left shoulder surgical scars.

The Veteran's right thumb tendon repair is granted a 50 percent rating, effective from the date of remand. The TDIU claim is denied as his service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board dismissed the Veteran's claims for increased evaluations and service connection due to his death.

The Board denied the Veteran's claim for a compensable rating for his left knee scars, finding that they did not meet the criteria for any of the applicable diagnostic codes and that there was no evidence of underlying soft tissue damage or other disabling effects.

The Veteran's service-connected disabilities have not precluded him from obtaining and maintaining substantially gainful employment since January 1, 2013. However, he was marginally employed from September 9, 2008 to December 31, 2012.