Scars decisions — 2023

The Veteran's abdominal surgical scar has been granted a compensable (10%) rating, while his ventral hernia post-connection cancer remains noncompensable.,Service connection for arthritis of the right shoulder is remanded due to inadequate medical opinion.

The Veteran's claim for increased ratings for his service-connected back and knee disabilities was denied. The rating for degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome and compression fractures of T8-T10, status post lumbar fusion is denied as it does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes. Ratings for radiculopathy of the sciatic nerve in both lower extremities are granted at 40 percent. Ratings for left knee strain with limitation of flexion and right knee status-post operative torn meniscus (limitation of extension) are denied as they do not meet the criteria for higher ratings. The Veteran's painful scars of the right knee and posterior trunk are rated at 10 percent.

The Veteran's chronic sinusitis is granted under the PACT Act, and his degenerative joint disease, thoracolumbar spine rating is restored.,PTSD results in occupational and social impairment with deficiencies in most areas. His diabetes mellitus with erectile dysfunction requires restricted diet or insulin therapy from September 19, 2015, to July 7, 2017, and one daily injection of insulin thereafter.,The Veteran's radiculopathy, right lower extremity is granted an increased rating, but tinnitus remains at the maximum schedular evaluation.,PTSD results in occupational and social impairment with deficiencies in most areas. His diabetes mellitus with erectile dysfunction requires restricted diet or insulin therapy from September 19, 2015, to July 7, 2017, and one daily injection of insulin thereafter.

The Board has remanded the cases of diabetes mellitus and bilateral leg scarring due to inadequate VA examinations. The Veteran's service connection claims are being reviewed again with a new opinion that addresses all theories of service connection, including whether the honorable period of service could have caused or aggravated the disabilities.

The Veteran's service-connected renal cancer, pulmonary embolism, and associated scars are granted effective February 19, 2017. The Veteran was exposed to contaminated water at Camp Lejeune during his military service.

The Veteran's service-connected disabilities, including traumatic brain injury and other conditions such as narcolepsy, irritable bowel syndrome, chronic sinusitis, tension headaches, right shoulder strain with shoulder impingement syndrome, left shoulder strain with shoulder impingement syndrome, lower back strain, cervical neck strain, bilateral plantar fasciitis, tinnitus, right 4th metacarpal fracture with scar, allergic rhinitis, shin splints of the left and right lower extremities, right eye strabismus, left knee patellofemoral pain syndrome, and right knee patellofemoral pain syndrome, have prevented him from securing or following substantially gainful employment for the appeal period prior to August 13, 2019.

The Veteran's claim for an increased disability rating of 30 percent for acne and scarring of the face and neck has been granted. The condition is characterized by deep acne affecting less than 40 percent of the face and neck, or deep acne other than on the face and neck.

The Veteran's claims for service connection for various disorders have been dismissed due to the failure to include them in his initial appeal. The Board has remanded several of these issues, including left ankle, left hand, right knee, left knee, right ankle, and left foot disorders.

The Veteran's appeal includes multiple issues related to his service-connected psychiatric disorder, left knee and right knee disabilities, gout, stroke, erectile dysfunction, hypertension, actinic keratosis, bilateral knee scars, ear and forearm scars, sleep apnea, and TDIU. The Board has determined that additional VA treatment records need to be considered before a decision can be made.

The Veteran's appeal for a compensable rating for bilateral foot scars was dismissed. The Board also remanded the issues of service connection for bilateral carpal tunnel syndrome and PTSD.

The Veteran's right nostril scar and right maxillary area scar were not found to meet the criteria for a compensable rating due to lack of disfigurement, gross distortion, or asymmetry.,Service connection for an acquired psychiatric disorder was denied as there is no persuasive weight of evidence linking the condition to service.

The Veteran's left elbow disability is rated at a maximum of 50 percent, and he has been granted TDIU. The Board also found that the Veteran's muscular weakness in his left elbow warrants a separate compensable rating, and higher ratings for his left knee scar residuals are needed.

The Board has remanded the Veteran's claims for additional development, including obtaining a neurological examination and updated medical records.

The Veteran's service-connected disabilities did not preclude him from securing or maintaining gainful employment prior to November 22, 2019.

The Veteran's claim for service connection for bilateral hearing loss was granted by the RO in September 2019, and this appeal is dismissed as the benefit sought has been granted.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and rating of his disabilities, including those related to a gunshot wound, hearing loss, tinnitus, and right foot fracture.

The Board denied the Veteran's claim for an earlier effective date for TDIU due to service-connected disabilities, finding that he was not unable to secure or follow a substantially gainful occupation prior to March 23, 2004.

The Board has remanded the case for additional development to determine the severity of the Veteran's restless leg syndrome and to obtain a sleep study. The right forearm scar remains rated at 10 percent, but the rating for restless leg syndrome is being remanded.

The Veteran's claim for service connection for CAD has been granted, as well as his claims for chronic musculoskeletal chest pain and a chest scar both secondary to CAD. The Veteran's sleep disorder is not related to his service-connected CAD.,Service connection for CAD was established due to herbicide agent exposure in Thailand. The Veteran's chronic musculoskeletal chest pain and chest scar are also linked to his service-connected CAD.

The Veteran's claim for service connection for scars of the head, face, or neck has been remanded due to a duty-to-assist error in the prior rating decision. The Board will consider new evidence from Tricare records and seek an opinion on the etiology of his scars.