Scars decisions — 2022

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from April 30, 2009 to August 9, 2009.

The Veteran's initial compensable disability ratings for post-operative scars from right ankle and left humerus surgeries are granted effective January 7, 2014, to May 20, 2021.,For the period since May 21, 2021, a higher rating is denied as there is no evidence of deep or non-linear scars or functional limitation.

The Board has remanded the cases due to insufficient evidence regarding the relationship between the Veteran's thyroidectomy and service. The issues are inextricably intertwined with the main issue of service connection for a total thyroidectomy.

The Veteran's left knee disability is rated at 60 percent, and the right knee disability is rated at 50 percent. The Veteran seeks increased ratings for these conditions.,SMC based on need for regular aid and attendance or housebound status from March 1, 2021 was denied as he does not meet the criteria.

The Board granted a single 30 percent rating for squamous cell carcinoma scars of the head, face, or neck (including on the left ear, left law line, right ear, right jaw line, and right cheek) based on disfigurement under Diagnostic Code 7800.

The Veteran's claim for a compensable disability rating for lung cancer residuals from January 22, 2013 to June 9, 2014 was denied as there is no evidence of respiratory residuals related to the left upper lobectomy during this period.,The Veteran's claim for a compensable disability rating for residual surgical scar, left upper lobectomy, was denied due to lack of evidence of chronic pain or other disabling effects from the surgery.

The Board has decided to remand three of the Veteran's claims for additional development, including obtaining private medical records and scheduling VA examinations.

The Veteran's scars and shoulder disabilities are granted, with a specific rating for the scar and service connection established for both shoulders.

The Board has remanded the claims for right knee disability, right knee scars, and spontaneous pneumothorax due to incomplete development of the record.

The Board has dismissed the matter of entitlement to a disability rating in excess of 30 percent for scar, residual of removal of tumor in the right parotid area, right neck as there are no allegations of errors of fact or law regarding this issue. The Board also found that the claim for increased rating for Frey's syndrome is not within its jurisdiction due to it being a separate condition already service-connected.

The Veteran's respiratory disability is not service-connected, and his TDIU claim is granted due to multiple service-connected disabilities preventing him from working.

The Veteran's headaches are found to be prostrating and occurring on average at least once a month after September 14, 2021. The Board grants a 30 percent rating for his headaches starting from that date. Other issues related to the right eye corneal scarring, bilateral optic nerve atrophy, and knee/hip conditions are remanded.

The Veteran's service-connected disabilities have rendered him totally disabled, thus leaving no question of law or fact to decide regarding the TDIU issue.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's initial compensable disability rating for a right knee scar and painful right knee scar have been denied. The case is remanded due to the need for additional VA examinations regarding his bilateral foot disability, which may affect his TDIU claim.

The Veteran's right hand disability, left foot strain, and scar on his right hand have been granted initial non-compensable ratings. The Veteran is now entitled to a 10 percent rating for the service-connected residuals of fracture of the right hand.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the inadequacy of a previous VA medical opinion, and additional evidence may be needed to determine if there was a delay in treatment that led to additional disability.

The Board has granted service connection for a deviated septum with nasal valve collapse and remanded the issues of service connection for sinus disability and residuals of a broken nose.

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

The Veteran's lung cancer was diagnosed within one year prior to his claim and an effective date of December 19, 2014 is granted.,A rating in excess of 10 percent for bilateral hearing loss is denied.,An initial 20 percent rating for scars associated with sigmoid stricture with diverting colostomy and cecostomy tube placement prior to November 1, 2011 is granted. A rating in excess of 20 percent beginning on November 1, 2011 is denied.,An initial rating in excess of 30 percent for ischemic heart disease is denied.