Scars decisions — 2022

The Veteran's appeal was denied for service connection of a left eye disorder and compensable evaluation for surgical scars on the lower anterior left knee. The Board found no current evidence of a left eye disorder or functional impairment from his reported symptoms, thus denying these claims. For the scars on the left lateral and upper anterior knees, the Board noted that there was no indication of instability or pain in any of the scars, which precluded an increased evaluation under Diagnostic Code 7804.

The Board has revised its May 2020 decision, denying a separate 10 percent rating for laceration to the left hand, as it was duplicative of the 10 percent rating assigned in February 2019 for painful scar, left hand.

The Board has remanded the claims for increased ratings for various knee disorders and an acquired psychiatric disorder due to new evidence added to the record since the last supplemental statement of the case (SSOC). The Veteran is also being asked to provide a TDIU claim form, as his service-connected disabilities may prevent him from securing or following a substantially gainful occupation.

The Board denied service connection for bilateral hearing loss and bilateral tinnitus, finding that the Veteran did not have a current disability related to his active service.,For the inguinal hernias with retained metallic spring in pelvis and surgical scars post-bilateral hernia repair, the Board found no evidence of a causal relationship between these conditions and the Veteran's active service.

The Veteran's initial compensable rating for a hernia surgery scar and her initial increased disability rating for non-scar residuals of hernia surgery have been denied by the Board.

The Veteran's right ankle disability has been granted a 10% rating, effective from the date of the decision. The Veteran's service-connected right ankle scars have not met the criteria for a higher rating.

The Board has remanded three separate claims for service connection for scars, including one related to a gunshot wound. The Veteran's testimony and examination findings indicate the need for additional evaluations of his left knee scar, left lateral eyes scar, and posterior trunk scar.

The Veteran's claim for a higher rating for her service-connected right ankle disability is being remanded due to the need for updated medical records and a new VA examination.

The Veteran's claim for service connection for residuals of a hernia surgery scar has been reopened and granted. The Board also found that the Veteran's major depressive disorder is related to military sexual trauma during service.

The Veteran's claim for an increased rating of his right knee disability was denied because he failed to report for a necessary VA examination without providing good cause.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, including prostate cancer and tinnitus. The Board found that the Veteran's service-connected conditions did not preclude him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings and service connection have been denied. The Board has also remanded the claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to February 17, 2009. The Board finds that the evidence is factually ascertainable and tends to show that he was unemployable due to his service-connected conditions.

The Veteran's right shoulder impingement syndrome status post arthroscopy is not manifested by limitation of flexion and abduction to midway between the side and shoulder, or 45 degrees of flexion and abduction. The Veteran's two painful linear scars from arthroscopy on the right shoulder were not deep or unstable, and do not cover an area of 144 square inches or greater.,The Veteran's right shoulder scar prior to March 24, 2021 is rated as noncompensable (0 percent), while a rating of 10 percent is assigned from March 24, 2021.

The Board has decided that the Veteran's tinnitus is service-connected. The other claims are remanded for further development.

The Board has dismissed the initial rating claims for heart disorder and scar, left upper chest. The Veteran's tension headaches have been granted service connection. Service connection is also sought for muscle and joint pain (fibromyalgia), chronic fatigue syndrome (CFS), and hypothyroidism. These issues are being remanded to obtain additional medical opinions and records.

The Veteran's appeals for service connection for thyroid condition and tuberculosis have been dismissed due to withdrawal by the Veteran.,Service connection claims for breast cancer, infertility/miscarriage, hysterectomy, heart condition, hernia, surgical scar associated with a hernia repair, left knee condition, and bilateral hand condition are being remanded for further evaluation.

The Veteran's service-connected disabilities did not prevent him from obtaining and retaining gainful employment during the period from October 26, 2010 to August 2, 2017. Therefore, his claim for TDIU in this timeframe is denied.

The Board has denied the Veteran's claim for service connection for a right-hand scar, finding that there is no evidence of a current disability to support this claim.

The Veteran's service-connected disabilities prevent him from following or maintaining a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability (TDIU).