Scars decisions — 2022

The Veteran's appeals for increased ratings and effective dates related to PTSD with TBI, migraine headaches, and left hip atrophy with scars have been dismissed.,An appeal seeking an earlier effective date for service connection of left hip atrophy with scars has also been dismissed as moot due to the pending increased rating claims.,The Veteran's appeals for increased ratings related to IVDS prior to January 31, 2012 and migraine headaches have also been dismissed as moot.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, cervical neck disability, left shoulder disability, lumbar disability, right lower extremity disability, and left lower extremity disability due to incomplete examinations and lack of military personnel records. Additional evidence is needed before a determination can be made.

The Board has decided to remand the claim due to insufficient reasoning in the August 2021 decision regarding whether the Veteran had additional disability resulting from VA treatment. Additional development is needed, including obtaining a new VA medical opinion.

The Veteran's bilateral leg varicose veins have been granted service connection. The issues of hypertension, right clavicle fracture, right clavicle scar, left knee condition, low back condition, and coronary artery disease and myocardial infarction are remanded for further examination and determination.

The Veteran's claims for a compensable rating for status post left inguinal herniorrhaphy and a rating in excess of 10 percent for scars associated with the surgery were denied. The Board also found that the Veteran did not meet the criteria for a TDIU prior to August 4, 2014.

The Veteran's left shoulder shell fragment wounds are currently rated at 20 percent, but the Board finds that a higher rating is not warranted. The scars of his mid back and lower back have been rated as 10 percent.

The Board has remanded the case due to unavailability of Goldmann visual field charts from the Veteran's August 2015 VA eye examination. The claim for a disability rating in excess of 10 percent prior to September 3, 2020 and in excess of 20 percent thereafter for right eye macular scar will be reconsidered.

The Board has remanded three issues: entitlement to a compensable rating for service-connected malaria, service connection for TBI and/or residuals of TBI, and service connection for scars on the brain. The Veteran's claim is being returned for additional development.

The Veteran's claim for a rating in excess of 30 percent for other specified trauma and stressor related disorder was denied, as the evidence did not support symptoms consistent with a higher rating. The claim for TDIU prior to March 7, 2022, was also denied due to the Veteran's service-connected disabilities not rendering him unable to obtain or maintain substantially gainful employment.

The Veteran's right knee disorder, including instability and a right rib resection scar, are rated at 30% effective January 22, 2014. The right flank scar is rated at 10%. No new rating for the right rib resection was granted.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional development, including VA examinations.

The Veteran's claim for a rating of 80 percent for residual scars and disfigurement of the head/face/neck has been granted.,The claims for service connection for tubular adenoma, colon polyps, and dizziness due to heat exposure are remanded for further development.

The Veteran's claim for service connection for insomnia is denied as the symptomology is considered duplicative of their already granted service-connected sleep apnea and residuals of a traumatic brain injury. The Board has also remanded issues related to cervical spine disability, carpal tunnel syndrome (right upper extremity), carpal tunnel syndrome (left upper extremity), and a residual scar for further development.

The Veteran's service-connected skin disorder and post-surgical scars are being remanded for further evaluation due to recent treatment records and the possibility of worsening.

The Veteran's claim for an increased evaluation of his service-connected post back surgery syndrome was denied as the VA examination reports were inadequate to evaluate the disability on appeal. The Veteran cancelled a scheduled VA examination and did not provide good cause.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of at least one hand or foot, nor does he have ankylosis of either hip. Therefore, he is ineligible for financial assistance in purchasing a vehicle with adaptive equipment.

The Veteran's service-connected disabilities, including PTSD and tinnitus, were found to be sufficient for a TDIU prior to May 10, 2017. The appeal is granted.

The Veteran's eye condition, including corneal scarring and dry eye syndrome, is remanded for further examination and review. The examiner must determine if the conditions are related to service, particularly his time in Iraq where he served in the Gulf War theater.

The Veteran's service-connected disabilities, including PTSD and cognitive disorder, left knee disability, bronchiolitis obliterans, hypertension, and other conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a TDIU based on the combined effect of these disabilities.

The Veteran's claim for service connection for an acquired psychiatric disorder was dismissed. The Board found that the grant of service connection for burn scars was clear and unmistakable error (CUE). As a result, the Veteran lost his benefits related to burn scars, including DEA and SMC.