Scars decisions — 2022

The Veteran's claims for service connection have been granted, and he is now entitled to a 10 percent rating for his right shoulder surgical scar. The Board has also determined that new and material evidence has been received to reopen the claims of service connection for seizure disorder and vision problems.

The Veteran was unable to secure or follow substantially gainful employment due to his service-connected disabilities, including PTSD and coronary artery disease, prior to July 22, 2019. The Board granted a TDIU on an extraschedular basis.

The Veteran's right eye disability and bilateral tubal litigation are not service-connected due to dishonorable service.,The Veteran's residual scarring from a C-section is not service-connected due to dishonorable service.,Service connection for a right eye disability, bilateral tubal litigation, and residual scarring secondary to C-section is denied.,Service connection for a lumbar spine disability and left knee disability is remanded for further development.,Service connection for hypertension is remanded for further development.,An initial rating in excess of 30 percent for IBS and an initial rating in excess of 70 percent for PTSD are remanded for further development.,Total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded for further development.

The Board denied service connection for right ear hearing loss.,The Board denied entitlement to an initial compensable rating for lipomas, bilateral upper and lower extremities prior to January 12, 2022, and in excess of 10 percent thereafter.,The Board denied entitlement to a separate compensable rating for right upper extremity residual scars associated with lipomas.,The Board denied entitlement to a separate compensable rating for left upper extremity residual scars associated with lipomas.,The Board granted an initial rating of 20 percent, and no higher, for chronic lumbar strain with degenerative disc disease and spinal fusion prior to January 11, 2022.,The Board denied entitlement to an initial rating in excess of 40 percent for chronic lumbar strain with degenerative disc disease and spinal fusion from January 12, 2022.

The Veteran's appeal for an initial compensable rating for scar, right knee and a higher rating for painful scars of the right knee and left thumb is remanded due to conflicting ratings assigned.

The Board has remanded the case due to the need for additional medical opinions and development of records, particularly regarding the Veteran's service-connected left wrist scar from August 8, 1988 through February 7, 2007. The TDIU claim is also referred to VA's Director of Compensation for consideration under 38 C.F.R. § 4.16(b) during this period.

The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his scar, and for the propriety of reducing the rating as of December 1, 2018. Additional evidence was added after the October 2020 Statement of the Case.

The Board has remanded the case due to insufficient medical opinions regarding the nature and etiology of the Veteran's left eye disabilities, including keratoconus. The case will be reviewed with additional medical examination and opinion.

The Veteran's claim for a compensable rating for his scar of the left foot, excision pressure ulcer was denied as there is no evidence of underlying soft tissue damage or instability/pain.

The appeal as to the issue of entitlement to service connection for irritable bowel syndrome (IBS) is dismissed.,Service connection for eczema has been granted, effective February 18, 2022.

The Board denied the Veteran's claim for TDIU benefits prior to December 9, 2016, finding that his service-connected disabilities did not prevent him from securing and following a substantially gainful occupation.

The Veteran is granted a schedular TDIU effective July 18, 2016. The Board also referred the claim to the Director for extraschedular consideration prior to that date.

The Board has dismissed the Veteran's appeals for entitlement to an initial compensable evaluation for atypical chest pain and entitlement to service connection for sleep apnea. The remaining issues of entitlement to increased ratings for left ankle disability, painful scar of the left lateral malleolus, linear scar of the left lower extremity, and lumbar spine disability as well as service connection for headaches are remanded for further development.

The Veteran's claim for an effective date earlier than August 4, 1986, for service connection of residuals from retroperitoneal lymphadenectomy surgery and a surgical scar is granted.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or financial assistance for purchasing an automobile and adaptive equipment. The Board finds that his disabilities, while significant, do not qualify him for these benefits based on the specific requirements outlined in VA regulations.

The Board has determined that the Veteran's tinnitus had its onset in service and affords him the benefit of doubt, granting service connection for tinnitus. The remaining issues are remanded due to new evidence being added to the claims file.

The Veteran's PTSD with TBI and headaches are rated at the maximum allowed, but his tinea pedis is not compensable. The Board found that he has right arm disability of nerve damage/muscle atrophy, vein damage, and injury (previously claimed as scars, status post brachial artery repair), a right shoulder disability, and right-hand arthritis due to willful misconduct.

The Veteran's service-connected disabilities of the left ankle, knee, and hip do not meet the schedular requirements for a TDIU rating. The Board finds that they are not shown to be of such nature and severity as to render him unable to secure and maintain regular substantially gainful employment.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment since July 24, 2020.

The Board has remanded several issues related to the Veteran's service connection claims, including for pseudofolliculitis barbae, right and left knee disabilities, bilateral foot disability, migraine headaches, psychiatric disability, hypertension, stomach disability (acid reflux), cervical spine disability, low back disability, sleep apnea, hemorrhoids, surgical scar on lower back, neurological disability of the left lower extremity, and neurological disability of the right lower extremity. Additional development is required to obtain updated VA medical treatment records and properly executed releases for any private care providers who have treated the Veteran.