Scars decisions — 2022

The Board has granted service connection for tension or muscle contraction headaches, hypertension, status post cholecystectomy, and abdominal scarring associated with the cholecystectomy. The issues of service connection for a right foot disability, left foot disability, right Achilles tendinitis, left Achilles tendinitis, right ankle disability, left ankle disability, left knee disability, right knee disability, low back disability, irritable bowel syndrome (IBS), jaundiced eyes with a residual left eye scar, and dermatitis are remanded.

The Board has remanded the case due to the need for a new VA examination to address the extent of any scarring in the retina and whether it is related to the Veteran's service-connected left eye disability.

The Board has remanded the Veteran's claims for additional development due to incomplete VA examinations and the need for further medical opinions regarding his service-connected conditions.

The Veteran withdrew his appeal, requesting that his case be dismissed due to the withdrawal of his hearing request and issues on appeal.

The Board denied the Veteran's claim to reinstate a 10 percent rating for burn scars under 38 C.F.R. § 3.324, as the discontinuation of this rating was proper due to the assignment of a compensable rating for tinnitus.

The Veteran's service-connected disabilities, including degenerative disk disease of the lumbar spine and bilateral lower extremity radiculopathy, have not prevented him from securing or following a substantially gainful occupation prior to March 13, 2017.

The Veteran's claim for service connection for herpes simplex virus is denied as there is no persuasive evidence of an in-service onset.,Service connection for the Pfannenstiel incision (scar) associated with herpes simplex virus is also denied due to lack of a link between the scar and any service-connected disability or disease.,The Veteran's GERD is not rated higher than 10 percent as it does not meet criteria for more severe manifestations such as persistent epigastric distress, pyrosis, substernal pain, or arm/shoulder pain.,For thoracolumbar IVDS with arthritis prior to December 11, 2019, the Veteran's disability is rated at 10 percent due to limitations in range of motion and no additional functional loss during flare-ups.,From December 11, 2019 onwards, the Veteran's thoracolumbar IVDS with arthritis warrants a rating of 40 percent as it results in more severe limitation of motion than before.,Right hip arthritis is rated at 10 percent due to limited range of motion and ability to cross legs. Left hip arthritis is also rated at 10 percent for similar reasons.,Bilateral corneal dystrophy with dry eye syndrome does not warrant a compensable rating as it only results in visual acuity impairment up to 20/40 bilaterally.,Left lower extremity radiculopathy and sensorimotor neuropathy prior to December 11, 2019 is rated at 10 percent due to mild incomplete paralysis. From that date onwards, it warrants a rating of 20 percent for moderate incomplete paralysis.,The Veteran's claims for higher ratings are denied as the evidence does not support additional functional loss or impairment beyond what is already accounted for in her current disability ratings.

The Board has remanded the claims for service connection due to inconsistencies in the Veteran's reported history and the absence of contemporaneous medical evidence. The issues are intertwined, so all related claims must be addressed together.

The Veteran's claims for service connection, increased evaluations, and eligibility to Dependents' Educational Assistance are being remanded due to the need to obtain additional medical records.

The Board has determined that the Veteran's left foot condition and scar are not related to service, and thus denied her claim for service connection. The right foot issues have been remanded due to insufficient medical opinions regarding aggravation of pre-existing conditions.

The Veteran's appeals for service connection and entitlement to a total disability rating based on individual unemployability have been dismissed due to his withdrawal of the appeal.

The Veteran's low back scar is rated at 10 percent, the maximum rating available under Code 7804.

The Veteran's left knee scars associated with left knee chondromalacia status post meniscal repair were denied a compensable evaluation from October 22, 2013 to November 27, 2017.,A 10 percent evaluation was granted for the left knee scar from November 28, 2017 to April 6, 2021 due to pain.,The Veteran's left knee scars associated with left knee chondromalacia status post meniscal repair were denied a compensable evaluation from April 7, 2021 to the present.,For left knee chondromalacia status post meniscal repair under DC 5259, no higher than a 10 percent rating was granted.

The Veteran's service-connected disabilities, including his left and right knee injuries and tibia-fibular fractures, have not rendered him unable to secure or follow a substantially gainful occupation as of February 17, 2021. His long history of employment despite these conditions indicates he is capable of performing the type of work required for his job.

The Board has dismissed the appeals for initial ratings in excess of 20 percent prior to June 1, 2015, and in excess of 30 percent from that date, for degenerative disc disease cervical spine; and entitlement to an initial compensable rating for scar, status-post spinal stimulator installation. The Board has also remanded the issue of service connection for thoracic outlet syndrome, left side.

The Veteran's service-connected disabilities combine to an 80 percent evaluation, but he does not have an employment handicap for VA vocational rehabilitation purposes and is therefore denied VR&E benefits.

The Board denied the Veteran's requests for earlier effective dates of service connection for scar on left thorax status post nephrectomy and erectile dysfunction associated with Hodgkin's lymphoma, finding that no material improvement in disability was shown under ordinary conditions of life.

The Veteran's left shoulder tendinitis and scar are currently rated at 30 percent, but the Board has determined that a higher rating may be warranted based on additional evidence. The TDIU claim is also pending.

The Veteran's claims for service connection are remanded due to the need for additional medical records and opinions regarding his kidney condition, cancer, scars, and vision loss.

The Veteran's initial 10 percent rating for burn scars of the left leg and groin is granted. The case is remanded for further examination to determine if additional disabling effects warrant a separate compensable rating, and for new examinations to assess the severity of his PTSD with major depressive disorder and mild neurocognitive disorder, as well as TBI residuals.