Scars decisions — 2022

The Veteran withdrew his appeal regarding service connection for amnestic disorder and head scar before the Board could make a decision.

The Veteran's claim for increased ratings for scars of the bilateral lower extremities was denied. Prior to December 12, 2017, a noncompensable rating is granted. From December 12, 2017 to January 3, 2018, a 30 percent rating is granted. After January 4, 2018, the claim for more than 30 percent ratings is denied.

The Board has determined that further development is needed for the Veteran's dermatitis, urticaria, nonlinear deep scar secondary to circumcision surgery, painful scar secondary to circumcision surgery, and degenerative arthritis of the right elbow claims due to potential systemic therapy affecting his skin conditions. These issues are being remanded.

The Board dismissed the Veteran's appeals for increased disability evaluations and TDIU due to his withdrawal of those claims.

Your appeal for service connection on multiple conditions has been dismissed due to the appellant's death. The Board does not have jurisdiction to proceed with these claims.

The Veteran's appeal is dismissed for the issue of an increased initial disability rating in excess of 10 percent for tinnitus. The right elbow scar has been granted a 10 percent rating, effective from the date of the decision. Other issues are REMANDED for further development.

The Board has determined that remand is necessary for the Veteran's claims of service connection for GERD, increased ratings for residual scar of the right great toe and residuals of TBI due to new evidence and examination.

The Veteran's service-connected disabilities, including lumbar spine, bilateral knee, and left ankle conditions, have rendered him unable to secure or maintain substantially gainful employment as of May 31, 2018. The Board has remanded the issues related to sleep apnea and a total disability evaluation based on individual unemployability prior to May 31, 2018.

The Veteran's appeal for increased ratings was granted, but no specific compensation or rating details were provided in the decision summary.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations and opinions.

The Board has remanded the Veteran's claims for an initial compensable rating for inguinal hernia and surgical scar from hernia surgery repair due to uncertainty about whether the Veteran is experiencing a recurrence of his inguinal hernia.

The Veteran's claims for increased ratings, service connection, TDIU, SMC, and DEA have been remanded. The LLE scar and right hand GSW/shrapnel wound residuals are not entitled to higher ratings.

The Board has remanded the case for a VA examination to determine whether additional eye diagnoses are caused or aggravated by the Veteran's service-connected bilateral cataracts and/or diabetes mellitus type II, and for an evaluation of all symptoms associated with his service-connected eye condition without considering symptoms due to distinguishable disability.

The Veteran's claim for a higher rating for his painful surgical scar, post-operative left inguinal hernia repair, from December 13, 2013, is denied. His claim for a compensable rating for left inguinal hernia repair residuals is also denied.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected PTSD.

The Veteran's service-connected disabilities, including PTSD with insomnia, right lower extremity palsy and paresthesia, severe iatrogenic neurological back pain, hernia repair right side, and scar, status post hernia repair right side, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on the combined rating of 90% for his service-connected disabilities.

The Veteran's initial compensable rating for right thigh scar from June 2, 2009 is granted. The Veteran's increased rating in excess of 50 percent for TBI with PTSD from June 2, 2009 to February 2, 2017 is denied. A 70% rating for TBI with PTSD from March 1, 2017 to February 16, 2020 and a 100% rating thereafter is granted. SMC (t) from February 17, 2020 onward is granted. Service connection for right eye residuals of PRK surgery diagnosed as halos and dryness and service connection for diplopia and light sensitivity secondary to service-connected TBI are also granted.

The Veteran's appeal for TDIU is being remanded due to the need for additional medical opinions and further development. The issues of TDIU prior to June 22, 2021, and TDIU from June 22, 2021, are inextricably intertwined.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment, as evidenced by his intermittent employment and significant earnings during periods of unemployment.

The Veteran's claim for an increased rating for residuals of vagotomy and hemigastrectomy (removal of half the stomach) was denied as his disability does not warrant a rating in excess of 40 percent.