Scars decisions — 2022

The Veteran's lung disability, metastatic sarcoma of the lungs with status wedge resection of the right middle lobe, is currently rated as non-compensable. The Board finds that a compensable rating is not warranted based on post-bronchodilator PFT results showing FEV-1/FVC at 81 percent predicted.,The Veteran's right thigh scar associated with his service-connected stage III sarcoma of the right inner thigh resection is currently rated as non-compensable. The Board finds that a compensable rating is not warranted based on current VA examination findings and the Veteran's lay statements regarding pain, itchiness, and difficulty putting on pants.

The Board has remanded the Veteran's claims for increased ratings for his service-connected left and right foot hallux valgus, as well as scars of the feet. The Veteran is required to report for a VA examination to determine the current severity of these conditions.

The Veteran's appeal is being remanded for further development due to inadequate examination and the need for additional evidence. The issues of increased ratings for right knee dislocated semilunar cartilage, limitation of flexion, and scar are being addressed.

An effective date of December 15, 2008 is granted for the award of service connection for diabetes mellitus.,An effective date of February 26, 2009 is granted for the award of service connection for residual scar, spindle cell sarcoma removal, scalp associated with herbicide exposure.

The Board has dismissed the Veteran's appeals for earlier effective dates on multiple conditions, including right knee strain, constipation, and rhinitis. The claims are dismissed due to the Veteran's withdrawal of his appeals.

The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating prior to September 22, 2009. The Board finds that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable solely by reason of his service-connected disabilities and thus, entitlement to a TDIU rating on an extraschedular basis has been denied.

The Board has remanded the claims for right shoulder rotator cuff impingement, left hand radicular nerve impairment, and left anterior shoulder surgical scar due to the need for further development through VA examinations.

The Board has denied service connection for tinnitus and dismissed the appeal regarding an initial increased rating for scar, laceration of left hand. The case is remanded to assess the current severity of the residuals of laceration to left hand with injury to the left ulnar nerve.

Service connection for tinnitus is granted.,The issues of service connection for bilateral hearing loss, low back disorder, painful scar -back (secondary to lumbar spinal stenosis with lumbar disc displacement and failed back syndrome osteoarthritis), and right hand disorder are remanded.

The Board has remanded the case due to a lack of a medical opinion and an incomplete review of the service department records. The Veteran's service-connected disabilities need to be evaluated in relation to his discharge.

The Veteran's hypertension is related to exposure to herbicide agents during service in the Republic of Korea and granted pursuant to the PACT Act. The issues for right wrist limitation of motion, right wrist surgical scar, and right wrist gangliectomy scar are remanded.

The Board has remanded the Veteran's claim for an initial rating in excess of 40 percent for his lumbar spine disability due to additional VA treatment records being submitted. The matter will be reconsidered and a new Supplemental Statement of the Case (SSOC) will be issued.

The Veteran's claims for increased ratings on various service-connected conditions were denied. The rating of 20 percent for painful scars, to include of the breast and torso, was granted from November 1, 2010, to December 19, 2016, but denied thereafter. A compensable rating for residuals of an inguinal hernia was also denied. The Veteran's lumbar spine disability remains at a maximum 40 percent rating. Service connection claims were not granted.

The Veteran's service-connected disabilities, other than PTSD, do not preclude her from securing or following a substantially gainful occupation.

The Veteran's effective date for service connection of coronary artery disease is granted as August 31, 2010. The appeal for higher ratings and earlier effective dates are remanded.

The Veteran's PTSD is currently rated at 70 percent, which does not meet the criteria for a higher rating.,The Veteran's bilateral hearing loss is currently rated at 50 percent, which also does not meet the criteria for a higher rating.,The Veteran's right hand scars are currently rated as noncompensable. The claim is denied.

The Board has determined that there was a duty to assist error in not obtaining a medical opinion prior to issuing the March 2021 decision on appeal for service connection for the cause of the Veteran's death. The case is being remanded for further development.

The Veteran's APML is granted with an effective date of July 6, 2007.,Left arm peripheral neuropathy, right leg peripheral neuropathy, left leg peripheral neuropathy, and left eye vision loss are all granted with the same effective date of July 6, 2007.,The scar on the Veteran's chest is also granted with an effective date of July 6, 2007.

The Veteran's appeals for increased ratings on multiple service-connected conditions have been dismissed due to his withdrawal of the appeals prior to a decision being made.

The Veteran withdrew her appeal for increased ratings of her service-connected disabilities, leaving no issues to be decided by the Board.