Scars decisions — 2022

The Veteran's claims for a total disability rating based on individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance (DEA) were denied as the earliest effective date is December 7, 2020. The Board found that there was no evidence of unadjudicated formal or informal claims prior to this date and that it was not factually ascertainable that the Veteran's service-connected disabilities precluded him from obtaining and maintaining substantially gainful employment within one year prior to the December 7, 2020 claim filing.

An earlier effective date of March 25, 2011 is granted for a 70 percent rating for PTSD.,An earlier effective date of August 8, 2017 is granted for SMC at the housebound rate.

The Veteran's claims for initial disability evaluations for his service-connected scars and basal cell carcinoma residuals are being remanded due to the inadequacy of the VA examination results.

The Veteran's service-connected disabilities have worsened, and the Board finds that new VA examinations are needed to assess their current severity.

The Board denied service connection for PTSD, major depressive disorder, scars status post bladder cancer surgery, COPD, and hypertension. The issues of service connection for PTSD and major depressive disorder were not reopened due to lack of new and material evidence.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) prior to March 20, 2021, finding that he was substantially gainfully employed and earning an annual income in excess of the poverty threshold.

The Veteran's service-connected disabilities, including psychogenic seizures and subacromial bursitis right shoulder with surgical scar, prevent him from securing and following a substantially gainful occupation. The Board granted TDIU on an extraschedular basis starting May 2, 2019.

The Board has remanded the case for a VA examination to address the etiology of the Veteran's right foot injury, including whether any diagnosed foot disability had its clinical onset during service or is due to an event or incident of his period of active service.

The Board has remanded the claims for further review due to insufficient reasons and bases provided in the September 2022 Supplemental Statement of the Case (SSOC). The Veteran's attorney argues that the SSOC did not provide adequate discussion of the relevant evidence, allowing the Veteran an opportunity to present arguments before the Board.

An initial 70 percent rating for PTSD is granted.,An initial 10 percent rating for right knee arthritis is granted, effective January 29, 2021.

The Veteran's keratitis and right eye corneal scarring have been granted a 10 percent disability rating, effective October 22, 2018. The decision is based on the visual field defects in both eyes.

The Board has remanded the claims of service connection for scars on the head, face, or neck and headaches due to inadequate examination in determining their etiology.

The Veteran's service-connected disabilities, including leukemia, left ankle and knee conditions, tinnitus, skull scars, and lower leg issues, prevent him from securing or following a substantially gainful occupation. The Board granted a TDIU on an extraschedular basis.

The Board has remanded several issues, including service connection and rating for various disabilities. The Veteran's claims are pending further examination and evaluation.

The Veteran's service-connected disabilities, including a bilateral foot disability and other conditions, have rendered him unable to secure or follow a substantially gainful occupation since December 31, 2011. An earlier effective date of December 31, 2011, for the award of TDIU is granted.

The Board denied service connection for lung cancer residuals and lung scars, as the evidence did not meet the criteria for service connection.

The Veteran's initial claim for a higher rating for coronary artery disease prior to August 29, 2019 was denied. A separate issue of entitlement to an initial 10 percent rating for his anterior chest scar (CABG) was granted.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his TDIU claim is granted.

The Veteran's headaches began during service and are granted as service-connected.,There is no current diagnosis of TBI, but the Veteran's in-service motor vehicle accident does not meet the criteria for a TBI. The right corneal scar from an in-service injury is also granted as service-connected.,While hyperopia and astigmatism were diagnosed during service, there is insufficient evidence to link these conditions to service. The Veteran's current eye disorders are not related to service.,The Veteran has a current diagnosis of a right corneal scar due to an in-service injury.

The Board has remanded the claims of instability from left knee status post anterior cruciate ligament reconstruction, initial compensable rating for functional impact of right knee benign tumor excision, and a rating in excess of 10 percent for right knee tumor excision scar due to incomplete documentation.