Scars decisions — 2023

The Veteran's claims for an initial evaluation in excess of 10 percent for painful right breast scars and a separate initial compensable evaluation for nonlinear right breast scars have been denied. The Board found that the evidence did not support granting either claim.

The Veteran's claims for increased disability ratings were denied. The Board found that the evidence did not support higher ratings for his bilateral ankle disorders, left knee disorder (limitation of flexion), or painful scar of the left lateral eyebrow.

The Veteran's right thumb disability, including arthritis and scars, is rated at 30 percent. A TDIU rating since July 22, 2010, is granted.

The Board has remanded the Veteran's claims for increased ratings for left knee limitation of flexion and extension due to inadequate examination findings. The Veteran is entitled to a new VA examination.

The Board denied service connection for a cervical spine disorder, erectile dysfunction, bladder disorder, and surgical scarring of the back.,There was no evidence of an in-service injury or chronic symptoms related to these conditions.

The Board has remanded the case for a retrospective opinion to describe the collective impact of the Veteran's service-connected conditions on his ability to work from April 4, 2017 to April 2, 2018. The VA medical addendum opinions provided were inadequate and need to be supplemented.

The Veteran's claims for increased ratings of his service-connected right knee disability and right knee scar are being remanded due to the need for additional VA examinations to assess the current nature and severity of these conditions.

The Veteran's eligibility for PCAFC benefits is remanded due to unclear notice and need for clarification of the denial reasons. The VA must provide proper notice, clarify the reasoning of the denial, and provide legally adequate reasons and bases for the denial.

The Veteran's obstructive sleep apnea and right mid back scar have been granted service connection. The Veteran is now receiving a 10 percent disability rating for his right mid back scar.

The Veteran's claim for TDIU prior to April 23, 2013, is remanded due to a duty to assist error. The Board finds sufficient evidence to substantiate the possibility of unemployability by reason of service-connected disabilities prior to that date.

The Veteran's claims for increased ratings for his mid-abdomen scar were denied as the scars do not meet the criteria for a compensable or higher rating under the applicable VA rating schedule. The Board found that the available schedular evaluations adequately considered the Veteran's disability picture and symptomatology.

The Board has determined that the grant of service connection for a right shoulder rotator cuff tear and post-operative right shoulder arthroscopy residual scar was based on clear and unmistakable error, and thus the appeal is denied.

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since August 9, 2017.

The Veteran's appeal is remanded for additional examinations to assess the current severity of her service-connected GERD, IBS with constipation, and scar status post cholecystectomy.

The Veteran's claim for a rating in excess of 30 percent for right total knee arthroplasty with scar was denied. The Board found that the evidence did not show limitation of range of motion that would permit a higher evaluation.,Service connection for Meniere's disease, lung neoplasm with surgery and residuals, and vocal damage were all denied as there is no evidence to support these conditions being related to service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for appendectomy residuals, including neuralgia and scarring is granted due to the absence of informed consent prior to the procedures. The service connection issue regarding an acquired psychiatric disorder is remanded.

The Veteran's appeal for an initial rating higher than 10 percent for scar, status post TENS unit placement has been dismissed as the Veteran requested to withdraw his appeal.,The Veteran's fibromyalgia is currently rated at 40 percent from December 11, 2019. The Board found that a higher rating was not warranted due to lack of evidence showing episodic exacerbations or refractory symptoms.

The Veteran's PTSD is rated at 30 percent, and his residual scars on the left hand and elbow are both rated as noncompensable. The Board denied increased ratings for all issues.

The Veteran's service-connected scars, pigmentation, burns (2nd degree), bilateral ankle are being remanded for further examination and updated medical records to determine the current severity of his condition.

The Veteran's petition to reopen his claim for service connection for warts was granted. The claims for service connection for a skin disability (warts), scar disability, and acquired psychiatric disability are remanded due to the need for additional medical examinations.