Scars decisions — 2022

The Veteran's back, right knee, and left knee disorders were not shown as chronic in service or within the applicable presumptive period. The evidence does not establish continuity of symptomatology since service.,The Veteran's bilateral eye conditions (myopia, chorioretinal scars, and staphyloma) are considered congenital defects and not diseases for VA compensation purposes. There is no clear and unmistakable evidence that these preexisted service or were aggravated by service.

The Board has decided to remand the Veteran's claims for heart disorder, hypertension, colon cancer, and scar tissue surgery due to inadequate medical opinions. The VA will obtain additional evidence and provide further examinations.

The Veteran's right elbow pain and numbness, as well as his right arm scarring, are not service-connected due to lack of fault on the part of VA.

The Board has decided to remand the case due to inadequate medical opinions regarding the nature and severity of the Veteran's left ear otitis media and externa, as well as outstanding VA treatment records that need to be obtained.

The Veteran's hypertension is rated at 10 percent, effective October 4, 2006. He seeks a higher rating.

The Veteran's GERD is rated at 30 percent since the beginning of the appeal period, effective from August 2015.,The Veteran's left eyebrow scar was initially rated as noncompensably disabling and later granted a 30 percent rating since July 20, 2016.,The Veteran's right knee strain is denied for a disability rating in excess of 10 percent.,Right shin splint remains remanded.

The Board has determined that the VA examinations conducted in July 2022 were inadequate to decide the claims for increased ratings for left knee degenerative arthritis with meniscal tear, left knee subluxation and degenerative joint disease, left knee residual scar, and reactive airway disease. The case is being remanded to obtain addendum opinions from a VA examiner.

The Veteran's appeals for acne vulgaris, scalp laceration, and scars due to acne have been dismissed. The Board has also remanded the issues of service connection for a back disability and a left leg disability.

The Veteran's appeals for increased ratings and service connection have been remanded by the Board.,His initial rating for left knee surgical scar, post-laceration scarring posterior scalp, and post-traumatic headaches remain denied.

The Veteran's service-connected disabilities, including diabetes, diabetic nephropathy, and neuropathy of all four extremities, as well as other conditions like vocal cord cancer residuals and coronary artery disease, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU from December 1, 2014, to May 29, 2020, July 1, 2020, to December 31, 2020.

The Board denied service connection for residuals of traumatic brain injury, right upper extremity scar, and right upper extremity burn scar due to lack of a diagnosed disability related to these conditions.

The Board has decided to remand the Veteran's claim for a total disability based upon individual unemployability (TDIU) prior to August 21, 2014 due to insufficient examination records regarding medications used for service-connected conditions and outstanding medical records from Richmond, Virginia.

The Veteran's claims for increased ratings related to PTSD, migraine headaches, left hand disability, ptosis of the eye lid, and scars are being remanded due to the need for additional examinations.

The Board denied the Veteran's claims for service connection for a residual muscular impairment due to in-service decompression sickness, right shoulder disability, and low back scar. The nose scar was granted an initial 10% rating but not higher.

The Board has denied service connection for scars and a foot disability, finding no evidence of such conditions during or after service. The claim for sleep apnea is remanded due to inadequate medical opinion.,Further examination and/or additional medical opinions are needed to determine the etiology of the Veteran's sleep apnea.

The Veteran is granted a total disability rating based on individual unemployability due to his service-connected physical disabilities, which have rendered him unable to secure or follow substantially gainful employment since July 29, 2014.

The Board denied the Veteran's claims for earlier effective dates for increased disability ratings and service connection, finding that there was no pending claim prior to February 23, 2021. The effective date of the awards is set at February 23, 2021.

The Board has determined that the Veteran's claims for increased ratings and service connection are not properly adjudicated due to pre-decisional errors in obtaining relevant medical records and developing secondary service connection issues. The case is being remanded to correct these errors.

The Board has remanded the case due to a failure to properly notify the Veteran and appellant of their rights in a simultaneously contested claim, including the right to a hearing, representation, and submission of evidence.

The Veteran withdrew his appeals for all issues related to effective dates and initial ratings, effectively dismissing the appeal.