Scars decisions — 2022

The Veteran's service-connected disabilities, including his knee and back conditions, have resulted in a loss of use of his lower extremities, affecting balance and propulsion. The Board has determined that he is eligible for specially adapted housing due to the severity of these conditions.

The Board has remanded the issues of entitlement to service connection for a cognitive disorder, increased rating for left anterior clavicle scars, and increased rating for left posterior clavicle scar due to unresolved medical evidence.

The Veteran's appeal is remanded for a VA scars examination to determine if there are any further criteria met under the Diagnostic Codes for scars that would warrant an evaluation in excess of 10 percent.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment, as he is currently employed full-time in the IT field.

The Veteran's terminal lung cancer and other service-connected conditions are granted, with a total disability rating for lung cancer. Service connection is granted for thyroidectomy scar, hypertension, and right lung transplant with scar. However, service connection is denied for balance issues, left eyelid cancer, diabetic peripheral neuropathy, glaucoma, and bilateral cataracts.

The Veteran's service-connected disabilities (left total knee replacement with traumatic arthritis and scar; left hip replacement with scar) are found to be insufficient for the need of aid and attendance/housebound status. The case is remanded for a VA examination.

The Veteran's service-connected left knee disabilities do not prevent him from securing or following a substantially gainful occupation, and therefore, entitlement to a total disability rating based on individual unemployability is denied.

The Board has remanded the cases for further development and consideration, including additional examinations to address service connection claims.

The Veteran's claim for a TDIU prior to April 21, 2021 is being remanded due to the possibility that he was unemployable by reason of service-connected disabilities during that time.

The Board has granted a 50% disability rating for discoid lupus erythematous with cranial scarring effective March 1, 2015. The earlier effective date of February 29, 2016 is also granted. The CUE claim regarding the July 2016 rating decision is dismissed as moot.

The Veteran's claims for increased ratings are being remanded due to the need for new examinations and evaluations of his service-connected disabilities. The issues include painful scars, torn meniscus, left knee strain with limitation of flexion, left knee strain with limitation of extension, radiculopathy of the sciatic nerve, right lower extremity, radiculopathy of the sciatic nerve, left lower extremity, and degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome and compression fractures of T8-T10, status post lumbar fusion.

The Veteran's lumbosacral strain and right inguinal surgical scar were evaluated, with the latter receiving a non-compensable rating. The Board found that the evidence did not support an increased rating for either condition.

The Board has remanded the case for further development due to inadequate examination in determining the severity of the Veteran's left knee disability, instability, and scars. The claims are back before the Board for a new VA examination.

The Board has granted a 10% rating for the Veteran's service-connected residual scars from back surgery, but denied an increased rating for his degenerative disc disease of the lumbar spine. The case is remanded to obtain additional medical opinions regarding the severity of the Veteran's lumbar spine disability.

The Veteran's appeal is remanded due to the need for a new VA examination regarding his need for aid and attendance or housebound status based on service-connected disabilities, especially PTSD. Updated VA treatment records are also needed.

The Board has remanded the claims for service connection for a respiratory disorder, a higher initial disability rating for the service-connected coronary artery disease, and an initial compensable disability rating for the service-connected scar. The AOJ is instructed to obtain information on the October 2021 VA examiner's qualifications and provide the Veteran with a VA examination if necessary.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to April 27, 2015 was denied as there is no evidence of a formal or informal claim filed prior to that date and it was not factually ascertainable that an increase in disability occurred within the one-year period preceding the date of claim.

The Veteran's service-connected disabilities render her so helpless as to require the regular aid and attendance of another person, which is granted.

The Board has granted service connection for malignant melanoma of the right wrist/forearm and any associated scars, finding that the Veteran's condition manifested within one year after discharge from active service.

The Board has remanded the claim for service connection for impaired lymphatic flow, finding that there is insufficient evidence to establish a current diagnosis or link to service. The initial evaluation for the painful suprapubic/pelvic area scar remains pending.