Scars decisions — 2022

The Veteran's claims for service connection for abdominal scars and prostate cancer residuals have been granted with effective dates of December 18, 2014.,Service connection has also been established for the Veteran's prostate cancer residuals. The effective date is set at December 18, 2015.

The Veteran's claims of service connection for Obstructive Sleep Apnea, compensable ratings for Right Ring Finger Surgical Scar and Right Finger Disability, and a rating greater than 10 percent for Back Disability are remanded due to the need for additional medical opinions.

The Veteran's appeal regarding a higher rating for left lower extremity neuropathy was denied as the disability is currently rated at 40 percent, which is the maximum available under VA regulations.,The Veteran's appeal regarding a higher rating for scars associated with degenerative disc disease to include IVDS with herniated disc and lumbar post laminectomy syndrome was also denied. The current rating of 10 percent is deemed sufficient.

The appeal has been dismissed as the appellant withdrew all claims related to service connection for various conditions, including a back disorder, weak voice, enlarged prostate, sleep difficulties, scars from cancer excisions, and cardiovascular issues. Service connection was granted for ischemic heart disease and Parkinson's disease due to radiation exposure.

The Veteran's service-connected disabilities are deemed to be severe enough to prevent him from securing and following a substantially gainful occupation, but additional development is needed for the TDIU claim. For SMC based on need for aid and attendance, further examination is required as the Veteran has not been provided with such an evaluation.

The Veteran's service-connected disabilities rendered him incapable of securing or following a substantially gainful occupation from August 10, 2009, to July 24, 2010.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, warranting a TDIU on an extraschedular basis from February 2, 2017.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of a current disability related to constipation, and the right wrist scars were not painful or unstable. The TDIU claim was remanded due to insufficient information regarding the Veteran's employment status.

The Veteran's claims for service connection were denied due to lack of new and material evidence.,Service connection was not granted for chest pains, dizziness, sleep disability, memory loss, scars other than facial scar, or skin disability.

The Veteran was granted TDIU prior to November 1, 2019 on an extraschedular basis due to his service-connected disabilities making it impossible for him to secure and follow a substantially gainful occupation.

The Veteran's appeal for higher ratings on several service-connected conditions has been withdrawn. The Board has granted the Veteran's claim of service connection for memory impairment, finding it secondary to his service-connected PTSD with alcohol use disorder and major depressive disorder. The Veteran is also granted a TDIU due to his service-connected disabilities.

The Veteran's claims for service connection for a skin disorder on the face, an initial rating for plantar warts of bilateral feet, and a rating for bunionette, postoperative with scar, right 5th toe are all denied. The Veteran had four painful plantar warts during the appeal period which warranted a 20% initial rating.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected PTSD, lumbar spine disability, left sciatic nerve disability, and back scar.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical examinations and development of records.

The Board has remanded the Veteran's claims for right foot status post (s/p) plantar fascia fibroma and right foot painful scar due to insufficient opinions regarding whether her pre-existing conditions were aggravated by service.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted a separate rating of 10 percent for painful scars from February 15, 2019 to May 25, 2022.

The Board has dismissed the claims for earlier effective dates and increased ratings for the left ankle scar, left wrist scar, left ankle disability, and left knee disability. The cases are being remanded for further evaluation of the Veteran's left knee, left wrist, and left ankle disabilities.

The Veteran's service-connected gunshot wound residual anterior trunk scar is rated as noncompensable, and his muscle group XXI and III impairments are both rated at 10 percent.,Both the Veteran's muscle group XXI and III injuries have been rated at 10 percent since September 22, 2000.

The Veteran's service-connected disabilities (asthma, bilateral hearing loss, chronic lumbosacral strain, degenerative osteoarthritic and disc narrowing, and status post excision of leukoplakia of the lower lip with one painful residual scar) rendered him unable to secure or follow substantially gainful employment prior to December 1, 2015. The Veteran also had basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 prior to December 1, 2015.

The Veteran's left shoulder dislocation is currently rated at 40 percent, but the Board finds it does not meet the criteria for a higher rating under any applicable diagnostic codes.,For his right shoulder bankart report (minor), an adequate VA examination is needed to assess the current level of disability.