Scars decisions — 2022

The Veteran's claim for an increased rating greater than 40 percent for left breast cancer residuals is denied.,A separate compensable rating of 10 percent is granted for painful lower abdomen and left inner thigh scars associated with left breast cancer surgery residuals from September 7, 2010.

The Veteran's claims for higher evaluation for major depressive disorder, service connection for endometriosis and uterine fibroids with pelvic pain, and service connection for residual scars are all remanded due to the need for updated medical records and examinations.

The Veteran's new or additional disabilities, including diverticulitis and anastomotic leak complications, were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during his June 1, 2010 sigmoidectomy at Huntington VAMC. The Board found that these disabilities were proximately caused by VA treatment and granted compensation under 38 U.S.C. § 1151.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to obtain or maintain a substantially gainful course of employment, and thus grants his claim for TDIU.

The TDIU claim is remanded due to incomplete employment information and the need for further development regarding the Veteran's post-service employment history, addresses of former employers, and Social Security Administration records.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's right leg disability and scar. Additional VA clinical records, service hospital records, and an examination are needed.

The Veteran's claims for shaving problems, molluscum contagiosum, and a bilateral foot disability were denied. The Veteran was granted service connection for dermatitis and tinea pedis, both of which had their onset during his military service.,Service connection for allergic rhinitis was granted as the Veteran has been diagnosed with this condition since 2008.

The Board denied the Veteran's claim for service connection for emphysema with scarred lung, finding that there is no current diagnosis of such disability and that it is not related to service. The evidence did not show a respiratory condition during or recent to service, and the VA examiner concluded that the Veteran does not have a current respiratory disability.

The Veteran's service-connected disabilities have not precluded him from securing and following a substantially gainful occupation, thus the claim for TDIU is denied.

The Veteran's appeals for increased ratings for PTSD, persistent migratory polyarthralgia, postoperative scar of the left lower extremity, and varicose veins of the left leg were denied. The VA determined that the current ratings adequately reflected the severity of his conditions.

The Board has remanded the claims for bilateral hearing loss, acne (including scarring), and tinnitus due to new evidence indicating worsening of symptoms since the last examination. The effective dates for service connection are also being remanded as VA treatment records may be missing.

The Veteran's initial claim for a higher rating for degenerative arthritis of the spine was denied prior to October 13, 2015. From that date, he received a 20 percent disability rating.,For radiculopathy of the left lower extremity, the Veteran received a 40 percent disability rating from October 13, 2015. For right lower extremity peripheral neuropathy (sciatic nerve), he was granted a 20 percent disability rating.

The Veteran's service-connected scars of the left index finger, right breast, and left chest have been granted a 10 percent evaluation. Additionally, she has received a separate 20 percent evaluation for her left chest scar based on limitation of motion in the shoulder.

The Veteran's initial compensable rating for a left ear disability, characterized as chronic scarring of the left tympanic membrane post-ear drum perforation, is denied.

The Veteran's left foot ulcer and associated scar are rated at 40 percent, effective September 27, 2015. The Board also granted a TDIU beginning from September 27, 2009.

The Veteran's appeals for service connection were dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these claims as they are now deceased.

The Veteran's left varicocelectomy scar is currently rated as noncompensable, but a compensable rating of 10 percent is granted.,The Veteran's lumbar spine disability is currently rated at 20 percent and the claim for an increased evaluation is remanded.

The Board has granted a TDIU as of May 10, 2021, due to the Veteran's service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.

The Board has denied service connection for lower back disability, right foot disability (including plantar warts), right knee disability, left knee disability, and left elbow disability. Service connection was granted for a coronal suture scar.

The Board has remanded the cases of skin cancer and scarring of the head and nose due to insufficient development, including a need for additional medical opinions.