Scars decisions — 2022

The Board has remanded the case for a VA medical opinion to address the nature and etiology of the Veteran's left foot disorders, including flat feet, plantar fasciitis, and degenerative arthritis. The decision remains pending as it is not clear whether service connection will be granted or denied.

The Veteran's appeals for initial compensable ratings for post-operative scars on his lower extremities and for higher ratings for his right and left knee disabilities have been dismissed due to the Veteran's request for withdrawal of these claims prior to the Board's decision.

The Veteran's appeal for a rating in excess of 40 percent for TBI prior to February 15, 2021, and in excess of 70 percent for PTSD, MDD, and TBI thereafter is dismissed.,The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is denied.

The Veteran's initial disability rating for a painful right knee scar is granted at 10 percent prior to October 26, 2020. From October 26, 2020, the rating remains at 10 percent. A compensable evaluation for sinusitis throughout the appeal period is granted.

The Veteran's service-connected conditions did not prevent him from securing and following substantially gainful employment prior to March 18, 2020.

The Veteran's back disability, diagnosed as left flank/lower back pain, is granted service connection. The rating for his kidney disability remains at 10 percent and the scar associated with his kidney surgery is also rated at 10 percent.

The Board has remanded the case for further development, including new VA examinations to assess the current level of severity of the Veteran's lumbar spine disability and right inguinal hernia repair scar. The effective dates for service connection are denied.

The Board denied the Veteran's claims for service connection of his respiratory disabilities, including COPD, borderline restrictive lung disease, pleural effusions, and scarring. The Board found that these conditions are not related to service or service-connected coronary artery disease.

The Board has ordered the Veteran to be reexamined in order to reassess the severity of his left foot disability and consequent scars, as the current evidence is too old to adequately evaluate these conditions.

The Veteran's lung disability, including squamous cell carcinoma of the lungs and residual scarring of the right lung, is presumed to be related to his military herbicide exposure. The Veteran's right lung residual scars are also considered secondary to his service-connected squamous cell carcinoma.

The Veteran's appeals for increased ratings were denied. The case is remanded for further action on the issues of left ear hearing loss and umbilical hernia disability.

The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's right neck scar residuals and any associated nerve damage.

The Board has denied the Veteran's claims for service connection for upper lip scar, sinus disability, residuals of a head injury, and PTSD due to personal trauma as there is no persuasive evidence that these conditions are related to his military service.

The Board has remanded the claims for service connection due to new and material evidence having been received. The Veteran's service treatment records are incomplete, and there is a need to reconstruct them. Additionally, the VA must verify the Veteran's reported herbicide exposure in Vietnam and his claimed stressors.

The Board has remanded the claims for service connection for a left knee disability and scar, left knee due to conflicting duty status information. The claim will be reconsidered with additional development.

The Board has remanded the issues of increased initial ratings for scars due to their inextricability with another issue, and also requested a VA examination to address the Veteran's painful/unstable scars.

The Board has granted service connection for a low back disability, a back scar associated with the low back disability, and radiculopathy of the bilateral lower extremities. The case is remanded to obtain an opinion on whether the Veteran's foot disability is secondary to his service-connected low back disability.

The Veteran's diabetes mellitus is granted with a 20% evaluation.,Bilateral hearing loss and tinnitus are both found to be related to service-connected diabetes mellitus.

The Board is unable to determine the finality of the October 29, 2015 rating decision without further development due to potential missing VA treatment records. The case is being remanded for obtaining these records and readjudication.

The Veteran's anxiety disorder is currently rated at 50 percent from December 4, 2011 to December 17, 2019. The Board has remanded the issue of a higher rating for his anxiety disorder and TDIU.