Scars decisions — 2023

The Board has remanded the cases for further development and consideration due to new evidence submitted by the Veteran.

The Board has remanded the claim for another examination to assess the current severity of the Veteran's lumbar spine disability and to secure opinions addressing the combined effects of all service-connected disabilities on his occupational functioning. The AOJ must also obtain private treatment records and secure TDIU-related opinions from an appropriate clinician.

The Veteran's right shoulder impingement syndrome is granted a 40 percent rating, but his right shoulder scar remains at zero percent.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for further evaluation. The left breast scar remains rated at 10 percent, while polyarthralgia continues to be rated at 40 percent.

The Board has decided to remand the claims for service connection due to insufficient evidence regarding the Veteran's claimed conditions. The Veteran will need to undergo VA examinations to determine if she has current disabilities related to her in-service miscarriage and pregnancy difficulties, including neurobehavioral effects.

The Board has granted earlier effective dates for the service connection of coronary artery disease, surgical scar on left forearm, and other surgical scars associated with herbicide exposure. The effective dates are April 10, 2018 for coronary artery disease and October 5, 2018 for the surgical scars.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's claim for SMC based on aid and attendance is remanded due to the need for additional development, including obtaining outstanding treatment records and a VA medical opinion regarding his need for regular aid and attendance.

The Veteran's lung and eye conditions are being reopened due to new evidence. The cases of facial scars and hearing loss with tinnitus remain on appeal.,Further medical examinations are needed for the lungs, eyes, and hearing loss/tinnitus issues.

The Veteran's claim for an earlier effective date for the grant of a 30 percent rating for coronary artery disease was denied as his appeal did not meet the requirements to establish an earlier effective date.,Claims for earlier effective dates for service connection for right calf scars and right elbow bursitis were also denied due to lack of evidence showing they arose prior to the dates granted.

The Veteran's TDIU claim for the period from December 1, 2018, to June 30, 2022, is being remanded due to new evidence submitted in August 2020. The case will be referred to VA's Director of Compensation Services for consideration of an extraschedular TDIU rating under 38 C.F.R. § 4.16(b).

The Veteran's appeal is denied for an initial rating in excess of 30 percent for other specified trauma and stressor-related disorder with primary sleep disturbances (claimed as PTSD), service connection for hernia residuals, scar secondary to hernia surgery, and skin cancer affecting nose, cheek, and chest. The Board finds the Veteran's disability most closely approximates a 30 percent rating.

The Board granted service connection for post-traumatic inflammatory nodule on dorsum of left hand, tinnitus, bilateral hearing loss, and scar to left hand with specific disability ratings. The past-due benefits awarded in the June 2019 rating decision are not paid due to a statutory impediment.

The Veteran's claims for increased ratings for his left shoulder disability and residual shrapnel scars were denied as the evidence did not support a higher rating under applicable diagnostic codes.

The Veteran's service-connected prostate cancer with urinary incontinence, along with other disabilities, has rendered him unable to secure or follow a substantially gainful occupation. The Board granted his TDIU claim.

The Board has remanded the Veteran's claims for an initial compensable rating for his ventral hernia disability and associated left anterior abdominal scar, as well as his claim for a total disability rating due to individual unemployability. The remand requires obtaining additional medical records, scheduling a VA examination, and clarifying which symptoms are attributable to service-connected conditions.

The Veteran's service-connected disabilities did not render him in need of the regular aid and attendance of another person, thus his claim for special monthly compensation based on the need for regular aid and attendance was denied.

The Veteran's service connection for a left wrist scar from carpal tunnel surgery is denied. The Board has also remanded the claim for erectile dysfunction due to potential secondary service connection.

The Veteran's appeals for increased ratings and an earlier effective date were withdrawn, resulting in the dismissal of all claims.

The Veteran's service-connected disabilities did not require the care or assistance of another on a regular basis and did not render him housebound, thus denying his claim for special monthly compensation based on need for aid and attendance.