Scars decisions — 2022

The Board found that the January 2010 decision did not contain clear and unmistakable error in denying earlier effective dates for service connection for the Veteran's conditions. The deck logs from the USS Taylor, which were associated with his file after the original claims had been decided, did not trigger reconsideration of the original decisions as they were not part of the basis for the initial grants of service connection.

The Veteran's lower intergluteal cleft scar has worsened, causing itchiness, discomfort, pain, weeping and discharge. She testified that it impacts her ability to work as a receptionist due to prolonged sitting periods. The Board finds the last VA examination may not reflect current severity of the condition.

The Veteran's initial claim for a higher rating for his left hand laceration scar was denied, and he is now receiving a 20 percent disability rating effective December 24, 2020.,His peripheral neuropathy of the left upper extremity remains rated at 30 percent.

Service connection for residual surgical scarring due to a tonsillectomy is granted.,A rating of 30 percent, but no greater, for gastroesophageal reflux disease (GERD) is granted.

The Board has remanded the case for further development, including a VA examination to assess the severity of the Veteran's service-connected left knee disability and consideration of additional evidence since the last SSOC.

The Veteran's appeals for earlier effective dates have been dismissed.,The issues of service connection for right lower extremity and left lower extremity neurological conditions are remanded for further development.

The Veteran's claims for increased ratings and service connection were denied. Service connection was not granted for a residual scar of the left side of face, and his lumbar spine disability was rated at 20 percent prior to October 19, 2020, and 40 percent from that date onwards.

The Veteran's miscarriage is not related to her service at Camp Lejeune, and the Board denied this claim.,The Veteran's cervical cancer was not caused by exposure to contaminated water at Camp Lejeune. The Board found that other factors such as aging process and HPV were more likely causes of her condition.

The Veteran's service-connected disabilities rendered him so helpless as to require regular aid and attendance, leading to the grant of SMC based on A&A.

The Veteran's service-connected disabilities, including bilateral pes planus, depressive disorder associated with bilateral pes planus, radiculopathy of the right lower extremity, and a scar of the left foot associated with pes planus, have rendered him unemployable. The Board granted TDIU based on these conditions.

The Veteran's service-connected disabilities have not prevented him from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected disabilities do not render him unable to engage and retain substantially gainful employment, thus the claim for TDIU is denied.

The Board has granted service connection for the Veteran's residuals of breast reduction surgery and painful scars under each breast, finding that these conditions are proximately due to her service-connected lumbosacral strain.

The Veteran's appeal of the rating assigned for his service-connected right ankle disability is being remanded to ensure due process as additional evidence has been developed.,The Veteran's appeal of the rating assigned for his service-connected left knee disability is also being remanded to ensure due process as additional evidence has been developed.

The Board has found that further development is necessary before the Board can properly adjudicate the claims, including obtaining outstanding treatment records and scheduling VA examinations for the Veteran's disabilities.

The Veteran's scar, under his left eyebrow, was granted a 10 percent disability rating. His chronic headache condition and shoulder injuries were also granted service connection. The Veteran's left foot arthritis was also granted service connection.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from engaging in gainful employment consistent with his education and experience, thus denying a TDIU.

The Board has determined that further development is necessary before the Veteran's claim can be adjudicated, including obtaining addendum opinions regarding whether his loss of teeth and forehead scar were caused by VA carelessness or negligence in prescribing Xarelto, Warfarin, and/or Pradaxa. The Board also needs to determine if his episodes of syncope were proximately due to or aggravated by service-connected COPD.

The Veteran's initial evaluation for residual scars, status post ACL-MCL repair of the left knee is granted at a 20 percent rating for the entire appeal period.

The Veteran's right lower extremity radiculopathy is rated at 40 percent prior to October 7, 2020, and at 60 percent thereafter. The facial scar is rated at 10 percent. TDIU is granted effective December 15, 2015.