Scars decisions — 2023

The Board has remanded the Veteran's claims for initial increased disability ratings due to worsening symptoms and lack of recent VA examinations. The effective dates for compensation under 38 U.S.C. § 1151 have been granted.

The Board has found that the Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to July 19, 2019. The case is being remanded for further development regarding the Veteran's claim of service connection for sleep apnea.

The Veteran's appeals for service connection and rating determinations have been dismissed due to the Veteran's request for withdrawal of these issues.

The Veteran's service-connected disabilities render him so helpless as to require regular aid and attendance of another person, warranting special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's left knee surgical scars are denied as they do not meet the criteria for a compensable evaluation.,Rosacea, hypertension, and kidney cysts service connection claims are remanded due to inadequate opinions in the November 2021 VA examination.

The Board has dismissed the appeal as the appellant withdrew their request for a higher-level review and hearing.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claims for residuals of scar, left hand (claimed as a result of a spider bite), vertigo, infertility, gout, back spasms, and left toe condition are remanded due to the need for further medical examination and opinion regarding their etiology.,Service connection will not be granted for these conditions without additional evidence linking them to service.

The Board has granted the Veteran's appeals for vacatur of decisions denying increased ratings and effective dates, except for tinnitus where a higher rating is not available as a matter of law.

The Veteran's right ankle sprain and associated scar have been granted service connection with an effective date of August 2, 1992. The rating for the right ankle sprain has also been restored to 20 percent.

The Veteran's claims for increased ratings and service connection for various conditions are being remanded due to the need for additional examinations.,An effective date prior to December 26, 2017, for the award of service connection for right lower extremity radiculopathy is denied.

The Board has decided to remand the Veteran's claims for service connection for right elbow, wrist, and wrist scar disabilities due to inadequate examination opinions. The claims will be reviewed again with new examinations considering the Veteran's lay statements about his in-service injuries and current symptoms.

The Veteran's service-connected disabilities, including bilateral foot and finger conditions, significantly limit his ability to engage in gainful employment consistent with his prior work experience. The Board has granted a TDIU based on the combined effects of these disabilities.

The Veteran's appeal is remanded for additional examinations and to obtain relevant medical records. The issues include increased ratings for various service-connected disabilities, including cervical spine disability, lumbar spine disability, radiculopathy of the lower extremities, major depressive disorder, hiatal hernia with GERD, and a scar.

The Veteran's initial compensable ratings for pilonidal sinus removal scar and left small finger scar are being remanded due to potential worsening of the conditions since his last examination in June 2018. The VA must obtain any outstanding treatment records and schedule the Veteran for an appropriate examination.

The Board has decided that the Veteran's left upper thigh puncture wound scar should be remanded for further evaluation due to insufficient consideration of the ameliorative effects of lidocaine cream used by the Veteran.

The Board denied an increased rating in excess of 20 percent for scarring, residuals of discectomy and fusion laminectomy due to the evidence not persuasively showing that the Veteran has five or more painful and/or unstable scars.

The Veteran's right foot cyst removal with residual surgical scar is granted a 10% disability rating throughout the appeal period.

The Board denied an initial compensable rating for left scalp scar and remanded the service connection claim for headaches. The Veteran's headaches are not related to his military service.

The Board has remanded the claim of entitlement to total disability for individual unemployability (TDIU) due to conflicting assertions regarding whether the Veteran requires more time to submit a VA Form 21-8940 and whether it is required at all. Further, a retrospective VA opinion must be obtained that provides an analysis of the Veteran's service-connected disabilities on his employability since June 2000.

The Board has remanded the claims of entitlement to a compensable disability rating for lumbar spine surgical scars and right foot surgical scar due to additional evidence being added after the February 2020 Statement of the Case.