Scars decisions — 2022

The Board has granted service connection for right and left eye macular scars with blurry vision, finding that the Veteran's conditions are related to his military service.

For the initial rating period from April 1, 2020 to April 2, 2021, a higher initial rating of 20 percent for right knee scars is granted. For the previous periods, no compensable ratings are granted.

The Board denied service connection for lower back pain and associated scars, left CTS, and right CTS. The Veteran's current conditions are already covered by the existing service-connected scar and shoulder disabilities.

The Board has determined that the claims for increased ratings and service connection are inextricably intertwined with the appellant's request to substitute as a claimant. The AOJ must address these issues, including obtaining updated VA treatment records and addressing the February 2014 VA examiner's qualifications.

The Board denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities prior to September 23, 2002.

The Veteran's claim for a higher disability rating for painful scars was granted, with the effective date being January 31, 2022. The claims for service connection for left shin splints and increased ratings for anterior trunk scars, including scars status-post cesarian section, abdominoplasty, and bilateral breast reduction; scars of the back, left shoulder, and left elbow status-post excision; and scar of the right wrist status post excision of ganglion cyst were all granted. The claim for a compensable rating for scars status-post fibromyositis of the left ankle was denied.

The Veteran's right knee surgical scars are now rated at 20 percent effective March 11, 2021. Service connection is granted for a right ankle disability and a right shoulder disability.

The Veteran's appeal is being remanded for further examination and evaluation due to the need for updated VA treatment records, a more current psychiatric examination, and an assessment of left ankle disability. The Veteran will be provided with a rating in excess of 10 percent for his service-connected left ankle scar, but no higher, based on pain testimony. For his psychiatric disorder and left ankle disability, further evaluation is needed to determine appropriate ratings.

The Veteran's service connection claims for a dental implant and a left wrist scar are remanded due to the need for further examination.

The Veteran's service-connected conditions do not meet the criteria for a TDIU as they do not render him unable to secure or follow substantially gainful employment.

The Veteran's folliculitis decalvans and painful scarring (head and neck) is granted with a 30% rating prior to December 15, 2020. Beginning December 15, 2020, the Veteran's higher rating for this condition is denied. The Veteran's folliculitis decalvans and painful scarring is granted with a 30% rating throughout the appeal period.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU rating. However, there is evidence suggesting he may be unable to secure and follow a substantially gainful occupation due to his service-connected disabilities. The Board finds that consideration of this TDIU claim for extra-schedular evaluation under 38 C.F.R. § 4.16(b) is appropriate.

The Board denied the Veteran's claim for service connection for cause of death and denied his application for VA survivor's pension due to insufficient evidence showing a causal link between his service-connected conditions and his death, as well as his income exceeding the maximum annual pension rate.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since December 1, 2018. The TDIU is granted from that date, excluding the period from January 30, 2020, to February 29, 2020. However, his left knee disability needs further examination for a determination of its severity during the specified time frame.

The Veteran's disability ratings for compression fracture of L1 vertebra, right patellofemoral syndrome, left patellofemoral syndrome, and painful bilateral surgical scars (upper extremities) were reduced from their previous levels to lower ones. The reductions are being remanded due to the need for further evaluation.

The Veteran's lumbosacral strain, right knee meniscal tear, left knee meniscal tear with limitation of motion, left knee meniscal tear with instability, chronic right ankle strain, and scar, left side of head are all remanded for further examination and rating.

The Board has remanded the issues of service connection and increased rating for various conditions, as well as the issue of whether the appellant's bad conduct discharge is a bar to VA benefits. The character of discharge issue must be addressed first.

The Veteran's painful thoracotomy scars, right chest, need to be re-evaluated due to a lack of recent VA examination. The current severity and impact on the Veteran's mobility will be assessed.

The Veteran's right knee scar condition is rated at 10 percent, and the Board has granted a remand for further examination to assess his right knee degenerative joint disease.

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment since April 1, 2006.