Scars decisions — 2022

The Board has decided to remand the case due to conflicting evidence regarding the Veteran's scars and their relation to his service-connected varicose veins.

The Veteran's appeals for reopening claims of service connection for bilateral elbow and shoulder disabilities were dismissed due to the Veteran's withdrawal.,New and material evidence was received for several conditions, including tinnitus, lumbar spine disability, right knee and left knee disabilities, right hip and left hip disabilities, right ankle and left ankle disabilities, residual burns of the right leg, and residuals of a right hand/finger disability. Service connection is granted for these conditions.

The Veteran's PTSD is rated at 70 percent, effective as of the date of this decision. Additionally, he is granted TDIU based on his service-connected disabilities.

The Veteran's service-connected left foot arthritis, left ankle sprain, and painful surgical scar disabilities cause functional impairments that preclude unassisted balance and propulsion to such degree that the Veteran would be equally well served by use of a suitable prosthetic appliance at the ankle level. As a result, entitlement to loss of use of the left foot at the ankle level is granted.

The Veteran's claim for a higher rating for the scar and right salpingo-oophorectomy was granted, effective May 8, 2013. She requested an earlier effective date but was denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's visual impairment is related to his service. The VA examiner found that there was no evidence in the Veteran's STRs indicating a connection between his current eye conditions and his service.

The Veteran's claim for a compensable disability rating for scarring in the perianal region, residuals of perirectal abscess surgery, is remanded due to the need for a new VA examination.

The Veteran's service-connected conditions do not render him so helpless as to need regular aid and attendance, thus SMC based on the need for regular aid and attendance is denied.

The Veteran's claim for service connection for pseudofolliculitis barbae scars on the face was denied due to lack of evidence showing a current disability or relationship to service. The claims for scar of the right hip, plantar fasciitis of the left foot, and plantar fasciitis of the right foot were granted as they are considered direct service connection cases.,The Veteran's GERD is considered direct service connection.

The Board has remanded the cases for additional development regarding the qualifications of a VA examiner who conducted disability benefit questionnaires (DBQs) in December 2019. The TDIU claim is deferred until the scar increased rating claim is resolved.

The Veteran's claim for a compensable disability rating for his service-connected scarring of the lungs with pleural plaques consistent with asbestosis is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new examination.

The Veteran's claim for an effective date earlier than November 9, 2016, for the grant of service connection for a hernia repair scar was denied. The Board found that there is no evidence showing any communication prior to November 9, 2016, indicating intent to file such a claim.,The Veteran's claims for service connection for left ear hearing loss and right ear hearing loss were both remanded as the evidence did not support current diagnoses of these conditions. The Board noted that there was no recent diagnosis of left ear hearing loss disability for VA purposes.

The Veteran's initial rating for left foot sole scar prior to December 1, 2017 is denied. The Veteran's claim of compensation under 38 U.S.C. § 1151 for a left eye disability due to VA surgery in November 2009 is also denied. Other issues related to service connection and effective dates are remanded.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation until his retirement in December 2018 due to health issues and 'life in general'.

The Veteran's right wrist scar and ischemic heart disease are not rated higher. The Board has remanded the issues of initial higher ratings for these conditions, as well as the issue of a TDIU prior to September 17, 2010.

The Veteran's service-connected disabilities, including his psychiatric disorder and recurrent kidney stones, have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.

The Veteran's claim for service connection for asthma is denied. The Board grants an initial disability rating of 30 percent for thoracotomy scars, effective June 28, 2010. The claims for secondary service connection for insomnia and a separate disability rating for thoracotomy scars with limitation of motion are remanded.

The Board has granted a TDIU on an extraschedular basis due to the Veteran's service-connected disabilities, which prevent him from securing or following substantially gainful employment.

The Veteran's appeal is remanded due to the need for additional development of his VA employment records. The initial compensable disability evaluation for scars, status-post appendectomy remains denied as none of the Veteran's three appendectomy scars are painful or unstable.