Scars decisions — 2022

The Board has remanded the claims for service connection due to missing STRs and inadequate VA opinions. The Veteran's in-service fall is considered credible, and he reports having headaches since then.

The Board has remanded the case due to insufficient medical evidence supporting a finding that the Veteran's gastroenteritis caused or aggravated his appendicitis, which led to an appendectomy. The VA examiner is requested to provide additional opinions on these issues.

The Veteran's service-connected disabilities rendered him unable to secure or follow gainful employment from at least July 31, 2019, such that entitlement to a TDIU is warranted from that date. The AOJ did not substantially comply with the Board's April 2022 remand directives and another remand is required.

The Board has determined that the Veteran's residuals of a left facial injury, including his associated left eye disability, are not related to active service. His current left eye disability and left facial scar do not have an etiological link to his military service.

The Veteran is granted a TDIU for the entire period prior to December 17, 2019 due to his service-connected disabilities making it at least as likely as not that he is unable to secure or follow a substantially gainful occupation.

The Veteran's appeals for increased ratings for LEFT shoulder rotator cuff tendonitis with AC joint osteoarthritis, LEFT ring finger limitation of motion, and a LEFT wrist scar have been dismissed.,The Veteran's appeals for an initial rating greater than 0 percent for a RIGHT chest scar (status post cyst removal), secondary service connection for erectile dysfunction, and service connection for insomnia / sleep disorder have been granted.,The Veteran's appeal for service connection for PTSD with associated anxiety has been granted.,The Veteran's appeal for service connection for deviated nasal septum from a broken nose has been denied due to aggravation of a pre-existing condition.,The Veteran's appeals for secondary service connection for insomnia / sleep disorder and erectile dysfunction have been granted.

The Board has dismissed all issues related to reopening service connection for various injuries and disabilities, including head injury with motor skills and loss of range of motion, right hip injury, right knee injury, fractured right femur, and scars. The Veteran's appeals have been withdrawn.

The Board denied the Veteran's claim for service connection for a lung disorder, including lung scarring and cancer, as due to exposure to asbestos and/or herbicide agents. The evidence did not support a link between the Veteran's lung cancer and his military service or any claimed exposures.

The Veteran withdrew his claims for service connection and initial compensable rating for the conditions listed, resulting in their dismissal.

The Veteran's claims for increased ratings for right knee arthrotomy with scar and degenerative disc disease of the lumbar spine are being remanded due to inadequate VA examinations. The examinations need to comply with the requirements set forth in Sharp v. Shulkin, 29 Vet. App. 26 (2017), and Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran's claims for service connection and increased ratings are remanded due to inadequate VA examinations. The cases will be returned for further development.

The Veteran's appeal is remanded due to issues related to his inguinal and facial scars.,Specifically, the Board has determined that additional medical inquiry is needed regarding the Veteran's painful inguinal hernia scar, deep inguinal hernia scar, and left cheek disfigurement.

The Veteran's claim for a higher rating for his service-connected painful anterior trunk scar is granted, with the effective date being the date of receipt of the reopened claim on November 2, 2015.

The Veteran's service-connected left hip replacement with scar is granted a higher rating from July 21, 2016. Service connection for his left shoulder and left knee conditions are both established as secondary to service.

The Veteran's claim for increased ratings for his right arm scar and right wrist disability was granted. However, the claim for service connection for a psychiatric disorder to include PTSD was denied due to failure to report for an examination without good cause.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment, and the Board denies his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for increased disability ratings for scars of the head, face, and neck is being remanded due to inadequate development. The AOJ must ensure that color photographs are taken by a VA examiner and uploaded to the claims file.

The Board has remanded the Veteran's claims for higher ratings for bilateral pes planus, degenerative disc disease and anterolisthesis of the lumbar spine, degenerative joint disease and chondromalacia of the left knee, degenerative joint disease and chondromalacia of the right knee, and umbilical hernia with residual scar due to additional evidence or functional loss.

The Veteran's service-connected disabilities (PTSD, Type II Diabetes Mellitus, Right Chest Scar, and Hypertension) have rendered him unemployable since November 1, 2009. The Board has granted a TDIU for the period beginning July 6, 2018, but remanded to determine if he was unemployable before that date.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as he has not provided necessary employment information and there is insufficient evidence to determine his ability to secure or follow substantially gainful employment.