Scars decisions — 2022

The Veteran's scars of the right flank, right lower abdomen, right mid-abdomen, right posterior hip, right third finger, and right mid-palm are painful but did none of them result in frequent loss of covering of skin over the scar. Therefore, a rating in excess of 30 percent is denied.

The Veteran's appeals for increased PTSD rating, initial hepatitis C rating, and service connection for scars of the left hand have been dismissed as he withdrew his requests before a decision was made.

The Board denied the Veteran's claim for an extraschedular TDIU during the appellate period from July 27, 2005, to October 10, 2011, finding that his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Veteran's SMC at a higher level claim is being remanded due to the need for additional development of his functional impairment related to his service-connected disabilities, particularly his knee injuries and spinal stenosis.

The Veteran's knee disabilities are remanded for further development.,The Veteran's foot disabilities are remanded for further development.,The Veteran's bilateral hallux valgus is remanded for further development.,The Veteran's hearing loss and dizziness claims are remanded for further development.

The Veteran's service-connected disabilities did not meet the percentage requirements for a schedular TDIU rating prior to November 5, 2019. The Board found that the evidence is persuasively against a finding that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's tinnitus and left foot surgical scar have been granted service connection, with the tinnitus receiving a 10% evaluation.

The Veteran's service-connected disabilities, including obstructive sleep apnea, optic atrophy of the right eye, and multiple sclerosis-related conditions, have rendered him unable to secure or follow a substantially gainful occupation for the entire appeal period.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities prior to June 12, 2015, finding that his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

Service connection granted for IBS, PTSD, and cervical spine disability. Service connection denied for gastroenteritis and acquired psychiatric disability (depressive disorder).

The Veteran's initial claim for a compensable disability rating for left eye central macular scar with hypertensive retinopathy (to include retinal macroaneurysm in the left eye status post laser) prior to January 24, 2014 was denied. From January 24, 2014 to January 29, 2017, a disability rating of 10 percent and no higher was granted. The Veteran's claim for a compensable disability rating from January 30, 2017 to April 17, 2019 was denied. Finally, the Veteran's request for a disability rating in excess of 10 percent from April 18, 2019 was also denied.

The Board has remanded the case due to inadequate examination and improper consideration of multiple respiratory conditions. The Veteran's son testified that his breathing problems started after a heart surgery, but the VA examiner did not provide sufficient rationale for their opinion regarding secondary service connection.

The Veteran's claim for a rating in excess of 10 percent for DDD of the lumbar spine prior to May 31, 2017, and his TDIU claim prior to that date were both denied. The Board found insufficient evidence to support higher ratings or entitlement to TDIU.

The Veteran's service-connected disabilities have resulted in a need for SMC benefits at the housebound rate, but his need for A&A assistance is unclear and requires further evaluation.

The Veteran's request for restoration of the 60 percent rating for sarcoidosis is granted, and his claim for service connection for a keloid scar condition is remanded.

The Veteran's service-connected disabilities, including his left shoulder injury with a history of a partial tendon tear and acromioclavicular joint arthritis, right knee meniscal tear, left ring finger fracture, scars of the right knee and left shoulder, are being remanded for additional development to determine their current severity.

The Veteran's bilateral hearing loss is rated as noncompensable, and his scar left index finger is currently rated as noncompensable after January 24, 2020.,The Veteran's scar left index finger was previously rated under diagnostic code 7805. After January 24, 2020, it is rated as 10 percent disabling under diagnostic code 7804.,Both ratings are denied.

The Board has remanded several issues related to the Veteran's service-connected conditions, including reopening a claim for bilateral hearing loss and increasing disability ratings for various hip and scar conditions. Additional records are needed from the Air Force Reserve.

The Veteran's asbestosis and residual scar, status-post removal of a pilonidal cyst were denied ratings. The decision for the asbestosis was due to Forced Vital Capacity (FVC) not meeting criteria for a compensable rating. For the scar, no pain or instability was found prior to February 22, 2016, and after that date, no additional disabling effects were found warranting an increased rating.

The Board denied service connection for facial scars, finding clear and unmistakable evidence that the scars preexisted service and were not aggravated during service. The Board also found no evidence of aggravation by service-connected IBS or adjustment disorder.