Scars decisions — 2023

The Veteran's initial claim for a rating in excess of 10 percent for her status post left salpingo-oophorectomy scar was denied. The effective date for the grant of service connection for peripheral neuropathy musculocutaneous nerve associated with her surgery was set at November 18, 2014.,The Veteran's claim for a compensable rating for her peripheral neuropathy musculocutaneous nerve associated with her surgery remains pending.

The Veteran's appeal is remanded for a new VA examination to assess the severity of his right closed proximal tibia-fibula fracture and linear scar.,The Board finds that additional evidence is needed to determine if the Veteran has three or more scars that are unstable or painful, which would warrant a higher rating under Diagnostic Code 7804.

The Veteran's claim of entitlement to service connection for tinnitus has been reopened and granted. The claims for left knee, right knee, low back, scar from hernia surgery, and heart conditions are still pending and will be remanded for further development.,New evidence received since the last final denial supports reopening the claims for tinnitus, but additional information is needed to determine if any of these conditions were incurred or aggravated during periods of ACDUTRA or INACDUTRA service.

The Board has determined that the Veteran's knee disorders, migraines, and upper extremity scars are related to service. However, due to inadequate VA examinations, the Board is remanding these claims for further evaluation.

The Board has granted effective dates of June 22, 2021 for the grant of service connection for right hip osteoarthritis with hip joint replacement and status post right hip replacement surgery scars.

The Veteran withdrew his appeals of the increased rating claims for degenerative joint disease of the left knee, right knee, and status post meniscotomy scars, left knee.

The Veteran's claim for service connection for erectile dysfunction was granted, but his claims for initial compensable disability rating for bilateral hearing loss and service connection for scars, GERD with ulcers, and vertigo/syncope were remanded due to insufficient evidence.,The Board acknowledged the Veteran's assertions of secondary service connection for these conditions but found that additional medical opinions were needed.

The Board has remanded the cases for further development due to the need for a new VA examination to assess the severity of the Veteran's right shoulder disabilities.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis, finding that his service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, resulting in the grant of TDIU.

The Board denied the Veteran's claims for increased ratings for right lumbar radiculopathy and lumbar spine scar, finding that the evidence did not support a higher rating than what is currently assigned.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities prior to November 9, 2022.

The Veteran's claims for initial compensable rating for right upper extremity scars, service connection for fatty liver, and service connection for bilateral foot disorder are remanded due to the need for additional development. The claim for service connection for neck disorder is also remanded.

The Veteran's right ankle scars were not found to be disabling and did not meet the criteria for a compensable rating. A 10 percent rating was granted for painful right ankle scars.

The Veteran's claims for service connection have been granted, with the exception of a throat disability related to cancer surgery. The evidence is at least in equipoise as to whether his squamous cell carcinoma and other conditions are related to exposure to chemicals at Camp Lejeune.

The Veteran is seeking earlier effective dates for service connection of chloracne, acne vulgaris, and scarring from these conditions based on a claim of clear and unmistakable error (CUE) in the January 1994 rating decision.

The claims for increased ratings of right knee instability and painful scar status post right tibia and fibula repair, as well as the initial compensable rating for coronary artery disease, are dismissed due to finality of the March 2023 decision.,The claim for an earlier effective date for service connection of coronary artery disease is granted based on a concession of exposure to herbicide agents in Guam.

The Veteran's claim for TDIU prior to November 13, 2019 is being remanded due to a failure to consider the extraschedular criteria.

Your appeals for service connection for posttraumatic stress disorder and skin cancer lesions with painful scarring have been dismissed due to the Veteran's death. The Board has no jurisdiction to adjudicate these claims as they are now closed.

The Veteran's bilateral surgical foot scars have been granted a 20 percent rating from January 9, 2018, to November 3, 2022.,A higher rating for the bilateral surgical foot scars is denied since November 3, 2022.