Scars decisions — 2022

The Veteran's claims for increased ratings on multiple conditions are being remanded due to the need for further development and evaluation.

The Veteran's GERD/hiatal hernia with erosive gastritis is rated at 30 percent, but no more, since May 31, 2013.,A rating in excess of 10 percent for the right thumb scar is granted.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's miscarriages and her presumed exposure to contaminated water at Camp Lejeune.

The Veteran's claim for service connection for PTSD was granted in an October 2020 rating decision, which represents a full grant of the benefits sought on appeal. As there is no case or controversy for the Board to adjudicate, the claim is dismissed.

The Board denied the Veteran's claims for service connection for a lung disability and initial ratings for his CAD. The Board found that there was not sufficient evidence to establish a direct relationship between the Veteran's current lung disability and service, and also determined that the Veteran did not meet the criteria for higher ratings under Diagnostic Code 7005.

The Veteran's claims for service connection and ratings for his knee disabilities were denied. The Board found that the Veteran did not have hemorrhoids during active duty, and there was no evidence of a compensable rating for his right knee scar. His initial rating for his right knee disability prior to September 2, 2015 was denied as he had adequate range of motion. A separate 10 percent rating was granted from February 24, 2015 to September 1, 2015 for weakness and falls following meniscus surgery. The Veteran's initial rating higher than 30 percent from January 1, 2017 onward for his total right knee replacement was denied.

The Veteran's appeal is being remanded for additional development, including obtaining a new VA examination and considering his claim for a TDIU prior to September 25, 2020.

The Veteran's claims for increased ratings for left wrist fusion with arthritis, painful linear scar from a previous wrist surgery, and linear scar from a cesarean section were denied. The Board found that the evidence did not support higher disability ratings under the applicable diagnostic codes.

The Board has remanded the Veteran's claims for right knee disabilities due to inadequate consideration of his symptoms and treatment, including pain management and use of a cane. A new VA examination is needed to assess the current severity of these conditions.

The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, which render him unable to obtain or retain substantially gainful employment.

The Veteran's claim for an initial rating greater than 40 percent for thoracolumbar spine degenerative arthritis is denied.,The Veteran's claim for TDIU is granted.

The Veteran's claim for special monthly compensation under 38 U.S.C. § 1114(m) is granted, as he has no effective function remaining in his bilateral lower extremities other than what would be equally well served by an amputation with use of a prosthetic appliance.

The Veteran's melanoma scar and lumbosacral sprain/strain disability are being remanded for additional development, including a new VA examination to assess the severity of his low back disability.

The Veteran's claim for a compensable rating for the residual surgical scar from prostatectomy has been granted.

The Veteran's service-connected disabilities, except for his service-connected psychiatric disability, have rendered him unemployable since May 7, 2012 and on and after July 22, 2020.,The Board has granted a TDIU from May 7, 2012 to February 25, 2013 and on and after July 22, 2020 based on the Veteran's service-connected disabilities other than his service-connected psychiatric disability.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a lack of medical records. The Veteran is asked to provide additional information about his mental health conditions, appendectomy, and any potential aggravation.

The Board has granted an effective date of February 10, 2003 for the award of a TDIU on a schedular basis. The issue of entitlement to a TDIU prior to March 20, 2009 is remanded.

The Veteran's service-connected conditions, including major depressive disorder and various scars, have rendered him unable to secure or follow a substantially gainful occupation prior to July 16, 2014.

The Veteran's right shoulder disability, including rotator cuff tear and impingement syndrome status post surgery, is currently rated at 40 percent.,The Veteran's residual scars due to arthroscopy of the right and left shoulders are currently rated at 10 percent.

The Board has remanded the case due to conflicting findings in the record regarding whether the Veteran has additional disabilities related to VA's care. A medical opinion is needed to clarify these issues.