Scars decisions — 2022

The Veteran's claim for an initial disability rating in excess of 10 percent for lipoma, status post resection with residual scar, upper left back is denied. The case is remanded due to the need for clarification on whether the Veteran's scar is unstable or painful.

The Board has granted a 10 percent disability rating for surgical scars associated with right inguinal herniorrhaphy and left knee ACL surgery from February 27, 2018. The issues of service connection for left bicep muscle disability and left pectoral muscle disability are remanded.

The Veteran's TDIU claim for the period prior to May 19, 2017 was denied as he had been employed full-time and earned more than the poverty threshold during this time.

All claims of increased rating and effective date have been dismissed as the Veteran withdrew his appeal in May 2022.

The Board has dismissed the claims for increased ratings for left inguinal hernia scar and tender left inguinal hernia scar. The remaining issues, including service connection for blood clot condition (hypertension and varicocele), erectile dysfunction, and radiculopathy of bilateral upper extremities, have been remanded.

The Veteran's right wrist injury residuals, including scar and limitation of motion, is granted an initial rating of 10 percent.

The Veteran's left inguinal herniorrhaphy scar is granted an initial 10 percent rating.,Other service connection claims are remanded for further development.

The Board has determined that additional development is needed in several areas, including obtaining a supplemental statement of the case for one issue and requesting authorization to obtain medical records. The Veteran's claims for service connection are also remanded due to inadequate opinions regarding the nature and etiology of his conditions.

The Veteran's TDIU claim before March 28, 2014 is remanded as there is a reasonable possibility that he was unemployable by reason of service-connected disabilities.

The Veteran's claim for an initial compensable rating for residual corneal scar of the right eye was denied, while his claim for a separate initial 10 percent disability rating for right eye corneal scar was granted.

The Veteran was not found to be in need of regular aid and attendance due to service-connected disabilities other than the loss of use of bilateral lower extremities, which is why he did not meet the criteria for SMC(o).

The Board has remanded three issues related to the Veteran's service-connected right knee disabilities, including a rating for residuals of a right knee replacement with patellofemoral pain syndrome and right knee instability. The TDIU claim is also remanded.

The Board has granted service connection for a cervical spine disability with residual scarring, finding that the Veteran's current condition is at least as likely as not incurred in or caused by an in-service injury. The congenital spinal stenosis was not noted at service entrance and did not clearly and unmistakably exist prior to service entrance.

The Veteran's right wrist scar is granted service connection. The digestive disorder and back condition claims are reopened, but further evidence is needed to determine if they meet the criteria for service connection.

The Board has remanded the issues of right hip disorder and TDIU due to potential in-service causation. The Veteran's service connection claim for a right hip disorder remains pending.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities alone did not render him unable to secure or follow substantially gainful employment.

The Veteran's painful right knee scar is now rated at 10 percent, and his hypertension is granted service connection.,Obstructive sleep apnea remains in dispute as the appeal has been remanded.

The Veteran's need for a higher level of aid and attendance, necessitating hospitalization or other institutional care, is granted from April 8, 2021.

The Board has granted service connection for the Veteran's left eye cataracts, but remanded to determine if any other pre-existing left eye disabilities are related to service or aggravated by diabetes.

The Veteran's bilateral eye disabilities, including congenital right and left eye conditions, were denied service connection as they are considered congenital defects not subject to superimposed disease or injury. The non-congenital right eye disability (exophthalmos) and the non-congenital left eye disability (nuclear sclerotic cataract with reduced visual acuity/blurred vision) were also denied due to lack of evidence linking them to service.