Scars decisions — 2023

The Veteran's prostate cancer residuals are rated at the maximum available rating of 40 percent, and there is no evidence of active malignancy or renal dysfunction. The appeal for a higher rating is denied.,Erectile dysfunction is already rated at its maximum of 0 percent, with no additional impairment found. The appeal for a higher rating is denied.,Hypertension is currently rated at the minimum available rating of 10 percent and there is no evidence of diastolic or systolic pressures meeting the thresholds required for higher ratings under Code 7101. The appeal for a higher rating is denied.,The Veteran's prostatectomy scar, which developed into a keloid, is rated at its minimum available rating of 0 percent due to its small size (4 square centimeters). The appeal for a higher rating is denied.

The Board has determined that the Veteran's claims for higher ratings and TDIU are remanded due to pre-decisional duty to assist errors. Specifically, new examinations are needed to evaluate the severity of his diaphragm paralysis and disfigurement, and an opinion is required regarding the impact of his service-connected disabilities on employment.

The Veteran's service connection for CAD/ischemic heart/bypass, diabetes mellitus type II with erectile dysfunction and hypertension, scar measuring 38.0 x 0.1cm, diabetic nephropathy, and major depressive disorder has been granted effective October 8, 2016.,An earlier effective date is not warranted as the Veteran did not file a claim prior to this date.

The Veteran's appeals for earlier effective dates for the grants of service connection for venereal disease, herpes, oral and genitals with scars, and tinnitus have been dismissed due to his withdrawal of these claims.

The Veteran's claim for an effective date prior to October 25, 2012, for service connection of a low back scar is granted. The claims for the addition of the Veteran's children as dependents are also granted with effective dates of October 31, 2016.

The Veteran's appeal is remanded for additional development regarding his service connection claims for low back and neck disabilities.

The Veteran's initial compensable rating for the service-connected right knee scars from October 21, 2011 to April 3, 2013 was denied. An initial 20 percent rating and no higher for the service-connected right knee scars from April 3, 2013 to December 20, 2016 was granted. The Veteran's initial compensable rating for the service-connected right knee scars from December 20, 2016 to April 1, 2020 was denied.

The Veteran's service-connected disabilities did not render him unable to secure and follow substantially gainful occupation prior to June 1, 2020.

The Veteran's petition to reopen his previously denied claim for service connection for a lumbar spine disorder was granted. Service connection for the lumbar spine disorder is also granted, with an effective date of October 2018. The issues regarding effective dates for other service-connected disabilities are remanded.

The Board has determined that the Veteran's claims for a left thumb scar, chronic traumatic encephalopathy (CTE), and gastroenteritis require additional development due to outstanding VA treatment records and need for examinations.

The Board has remanded the claims for service connection for a psychiatric disability and an increased rating for nasal fracture scar residuals due to failure of the Veteran to report to scheduled VA examinations. The TDIU claim is also remanded as it is inextricably intertwined with the other claims.

The Board has determined that the Veteran's left ankle condition is related to his active service and grants service connection for this condition.

The Board has denied the Veteran's claims for service connection for scarring of the right lower extremity, nasal disability, and sleep disability (to include sleep apnea) as they are not related to his active service.

The Veteran's initial rating for scars from a left bunion surgery and bilateral ovarian cyst removal is denied as the evidence does not support a higher rating.

The Veteran's claims for compensable ratings for scars on the face and over the body, as well as service connection for bilateral mild open angle glaucoma and bilateral senile cataracts with sixth nerve palsy were denied.,There is no evidence to support a finding that the Veteran's current eye conditions are related to his military service.

The Veteran's appeal is being REMANDED to obtain additional medical opinions regarding the etiology of his thoracic spine disability, bilateral hearing loss and tinnitus, left eye scar, right orbital fracture, sleep disorder, and acquired psychiatric disorder. The Veteran will not receive a rating for an increased rating in excess of 10 percent for his Lisfranc injury of the right foot.

An effective date of January 1, 2022, is granted for a 70 percent rating for PTSD with depression.,An effective date of September 17, 2022, is granted for a 60 percent rating for IHD.,No earlier effective date is granted for the award of a 20 percent rating for bilateral hearing loss.,An effective date of January 11, 2010, but no earlier, is granted for service connection for a surgical scar associated with IHD.,An effective date earlier than August 10, 2022, is denied for service connection for hypertension.

The Board has determined that additional examinations and medical opinions are needed to properly adjudicate the Veteran's claims for service connection, as well as a remand is required for an initial compensable rating for right lower extremity scars.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU under 38 C.F.R. § 4.16(a) during the period on appeal. The Board has identified a duty to assist error and must refer the matter to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation prior to August 14, 2017.