Scars decisions — 2023

The Board has dismissed the appeals for all issues related to the Veteran's service-connected conditions as the Veteran requested withdrawal of these appeals.

The Veteran's service-connected facial scars, residuals of surgical excision of T-cell cutaneous lymphoma lesions, are manifested by visible tissue loss in the left lateral periorbital region with distortion of the left eye and a surface contour which was depressed on palpation. The criteria for a disability rating greater than 30 percent have not been met.

The Veteran's sleep apnea is remanded for an addendum VA opinion to determine if his service-connected conditions, including coronary artery disease and scar, status post stent placements, caused or aggravated his sleep apnea.

The Veteran's application for PCAFC benefits was denied as their combined rating of service-connected disabilities is below the required threshold (70%) to be considered a 'serious injury' under VA regulations.

The Veteran's service-connected prostate cancer and related conditions render him unemployable, but the claim for a total disability rating based on individual unemployability is remanded due to insufficient evidence in the record.

The Board denied the Veteran's request for an earlier effective date of TDIU due to his service-connected disabilities, finding that he was not unable to secure or follow a substantially gainful occupation prior to May 25, 2017.

The Veteran is seeking earlier effective dates for service connection and increased ratings due to CUE in multiple rating decisions. The Board finds that the RO did not address all theories of CUE, specifically regarding receipt of new and relevant service department records submitted by the Veteran in 2018.

The Board has determined that the Veteran does not have a current diagnosis of a respiratory disability other than service-connected allergic rhinitis. The claims for hysterectomy, hysterectomy scar(s), and radiculopathy are remanded due to insufficient evidence.

The Veteran's claim for nonservice-connected pension benefits and special monthly pension based on the need for regular aid and attendance (SMP-AA) is denied as he does not meet the requirements of being permanently and totally disabled due to nonservice-connected disabilities.

The Board has determined that the Veteran's appeal involves multiple issues related to his service-connected PTSD, right knee disabilities, and effective date claims. The case is being remanded for further development including obtaining updated VA treatment records, arranging for examinations of the Veteran's right knee surgical scars and ligament injuries, and addressing the evaluation and effective date issues.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, and his TDIU claim was denied.

The Veteran's service-connected heart disabilities are granted a 100 percent evaluation from October 9, 2017, to the present. The Veteran's surgical scar of the sternum is granted a 100 percent evaluation for its associated service-connected heart disabilities.

Service connection is granted for right eye chorioretinal scars, macular scars, and conjunctival hemorrhage (due to OHS) and left eye chorioretinal scars and macular scars (due to OHS).,The Veteran's service connection claims for sleep apnea, jaw disability, skin disability, lumbar spine disability, and left wrist disability are remanded.

The Board has granted a TDIU effective December 31, 2012. However, the issues of service connection for hypertension and lumbar spine disorder, as well as evaluations for right knee arthritis, left knee arthritis, right knee instability, and left knee instability are remanded due to insufficient evidence.

The Veteran's claim for a compensable disability rating for a painful scar of abdomen, status post caesarean, prior to December 26, 2019, was dismissed because the appeal was already pending in the Legacy appeal system and the appellant filed the VA Form 10182 seeking AMA review at an improper time.

The Board granted a 10% disability rating for the Veteran's right knee surgical scar effective June 12, 2019. The Veteran attempted to appeal this decision by filing a Decision Review Request (DVR) but did not proceed with an appeal to the Court of Appeals for Veterans Claims (CAVC). As a result, his attempt to appeal is dismissed.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment, as his current protected work environment with VA does not allow for substantial income generation.

The Veteran's increased ratings for nephrectomy scar and neoplasm of the kidney were denied. The Veteran was granted a 60 percent rating for neoplasm of the kidney prior to February 21, 2020.

The Veteran's service-connected disabilities, including bilateral plantar fasciitis and knee conditions, have caused her to be unable to secure or follow substantially gainful employment since July 19, 2018.

The Veteran's appeal is remanded for additional development to address the range of motion and functional impairment of his left hand, as well as a new opinion regarding his peripheral neuropathy.,The Veteran's disability ratings are denied due to lack of evidence supporting higher evaluations under applicable diagnostic codes.