Scars decisions — 2022

The Veteran was unable to obtain and maintain employment due to his service-connected disabilities from July 20, 2006 to May 17, 2014. The Board has granted an extraschedular TDIU during this period.

The Board has remanded the cases for further action due to untranslated Spanish documents in the claims folder.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, and the Board denies his claim for a TDIU.

The Board has dismissed the Veteran's claims for service connection for PTSD and increased ratings for radiculopathy of the bilateral upper extremities. Service connection is granted for a low back disorder (lumbar strain) and scars of the neck.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected irritable bowel syndrome. His bilateral pes planus was granted a 10% rating prior to October 22, 2017 and a 30% rating thereafter. The facial scars are not considered incurred in service.

The Board has dismissed all appeals as the Veteran withdrew his claims for service connection and ratings in excess of 20 percent, 30 percent, or compensable for various conditions. The RO granted service connection for sleep apnea.

The Veteran withdrew all her service connection claims for ventral hernia, endometriosis, residuals of uterine cancer/uterine prolapse, and an increased rating for an abdominal scar. The appeal is dismissed.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, thus denying his claim for total disability rating based on individual unemployability.

The Veteran's service-connected disabilities, including coronary artery disease, PTSD, tension headaches, cervical spine degenerative joint disease and radiculopathy of the right upper extremity, have rendered him unable to secure or follow a substantially gainful occupation since August 26, 2010. The Board has granted TDIU effective from that date.

The Veteran is granted a TDIU based on service-connected hypoxic disorder, mental health and cognitive disorder from May 23, 2016. He is also granted SMC from May 23, 2016.,The Board has referred the issue of entitlement to a TDIU for the period from August 31, 2012 to May 23, 2016 on an extraschedular basis pursuant to 38 C.F.R. § 4.16(b) to the Director of Compensation Service.,The Veteran's claim is remanded due to insufficient evidence showing he was unemployable solely based on his service-connected disabilities during the period from August 31, 2012 to May 23, 2016.

The Veteran's service-connected disabilities have rendered her unable to secure or follow substantially gainful employment, and the Board has granted TDIU effective May 1, 2013.

The Veteran's claim for an increased disability rating for body scars was denied as the evidence did not meet the criteria for a higher rating based on pain or instability of the scars.

The Board dismissed the appeals for service connection for sleep apnea, increased ratings for bilateral plantar fasciitis and residuals of a fracture of the left distal tibia and fibula with varus deformity and left ankle fracture with limitation of motion and left knee condition with arthritis, as well as an increase in rating for radiculopathy of the left lower extremity. The appeal seeking SMC based on need for regular aid and attendance was granted.

The Veteran's disability rating for a heart disorder was restored from 60% to 30%, effective August 8, 2014. The Board found that the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work, thus restoring the original rating.

The Board denied the Veteran's claim for a total disability rating based on unemployability prior to December 24, 2020 due to insufficient evidence showing his inability to secure or follow substantially gainful employment.

The Board has remanded the claim for a total disability evaluation based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities. The AOJ is instructed to request that the Veteran complete a VA Form 21-8940 application and refer the matter to the Director of Compensation Service for consideration of entitlement to TDIU on an extraschedular basis.

The Board has granted service connection for a corneal scar of the right eye but has remanded to determine if the Veteran's bilateral pinguecula and dry eye syndrome are related to his in-service injury.

The Veteran's initial claim for an increased rating for right leg scars was denied. The Board found that the scars did not meet criteria for a compensable disability rating due to their size and lack of instability or pain. Service connection for right shin dermatitis and left leg rashes is remanded.

The Veteran's bilateral tinnitus is granted as service-connected.,The Veteran's left eye disorder, including macular scar, glaucomatous atrophy, cataract, and intraocular lens, is denied as not related to his active service.

The Board has remanded the case for additional development, including new VA examinations to assess the current severity of the Veteran's right knee disorder and residual scars of the right knee. The effective date for the grant of service connection remains denied.