Scars decisions — 2023

The Veteran's PTSD, right shoulder injury, tender scars, asthma, and sleep apnea disabilities were denied increased ratings. The Veteran was not working due to his service-connected conditions but returned to work.

The Veteran's claim for a compensable rating for electrocution scar residual, left upper back was denied as the evidence did not show any active symptoms.,The Veteran's claims for service connection of right ear hearing loss and left ear hearing loss were both denied due to lack of current diagnosis or causal connection to service.,The Veteran's claim for memory loss was denied as there is no currently diagnosed condition that meets VA criteria.,The Veteran's claims for electrocution residuals, including left arm, foot, right foot, and shoulder conditions, were all denied as the evidence did not show any current diagnoses or causal connection to service.

The Veteran's claims for right foot scar, fractured right foot, and related radiculopathy were denied. The claim for service connection for depression was also remanded.,The Veteran's claim for right hip pain associated with his service-connected fracture was remanded.

The Board has denied the Veteran's claims for increased ratings for migraine headaches, lumbar spine disability, back scar, and cervical spine disability prior to October 23, 2018. The case is remanded for further development.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment consistent with his education and occupational background, thus denying the claim for a TDIU.

The Veteran's scars have been rated based on their pain and not by limitation of function. The Board finds that a higher rating is not warranted as the evidence does not show more than one or two painful scars.,Prior to September 3, 2017, the Veteran did not meet criteria for a compensable initial evaluation due to lack of systemic therapy over the past year.,From September 3, 2017 to August 20, 2018, the Veteran's scar with abscess warranted a 10 percent rating based on intermittent systemic therapy less than six weeks over the prior year. The Board finds no basis for a higher rating as the scar did not meet criteria for more severe ratings.,From August 20, 2018 to present, the Veteran's scar with abscess does not warrant a compensable rating due to lack of systemic therapy and other factors.

An effective date of September 13, 2010 for a 20 percent rating for residuals of a left knee meniscectomy (left knee instability) is granted. A rating in excess of 20 percent for left knee instability is denied. From September 13, 2010 but no earlier, a 10 percent rating for left knee range of motion is granted; subject to the laws and regulations governing the payment of monetary benefits. A rating in excess of 10 percent for left knee range of motion is denied. From September 13, 2010 but no earlier, a separate 20 percent rating for frequent episodes of left knee pain, locking, and effusion into the joint is granted; subject to the laws and regulations governing the payment of monetary benefits. From September 13, 2010 but no earlier, a 10 percent rating for the left knee meniscectomy scar is granted; subject to the laws and regulations governing the payment of monetary benefits.

The Board has remanded several claims, including those for hypertension, sternum scar, coronary artery disease, chronic anemia, respiratory disorder, and kidney disease. The Veteran's VA treatment records and Social Security Administration (SSA) records are to be obtained.

The Board has granted service connection for compensation purposes for the claimed right Muscle Group VII injury residuals, right Muscle Group VIII injury residuals, right median nerve entrapment, medial nerve release residuals and carpal tunnel syndrome, post operative right median nerve entrapment release scar residuals, and right shoulder tendinitis.

The Board has granted a total disability rating due to individual unemployability (TDIU) for the period prior to June 22, 2016, based on the Veteran's service-connected disabilities.

The Veteran's service-connected disabilities rendered him incapable of securing and following a substantially gainful occupation as of May 1, 2018. Effective May 1, 2018, the Veteran is granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings for a scar on the right side of the neck and swollen lymph nodes are being remanded due to insufficient examinations, particularly regarding cranial nerves.

The Board has remanded the claim for left eye condition, specifically corneal scar, pinguecula, and incipient nuclear sclerosis, due to inadequate examination. The appellant is seeking service connection for these conditions.

The Veteran's right ear scar and chronic dermatitis are rated at 30 percent, with an additional 10 percent for the painful and unstable nature of the scar. The appeal is granted.

The Veteran's vertigo is granted as service-connected. An initial compensable rating for the abdominal scar is denied, but a separate 10 percent rating for painful scar as of February 8, 2022, is granted. Service connection for dyspnea (claimed as asthma), right shoulder condition, bilateral pes planus, left knee condition, and right ankle condition are all remanded.

The Board has dismissed the appeals for right shoulder scar, bilateral knee disability, low back disability, and bilateral ankle disability. The appeal for sleep apnea is remanded.

The Veteran's increased rating for acne on chest and back was granted.,The Veteran's claim for an increased rating in excess of 30 percent for pseudofolliculitis barbae scar on neck is remanded.

The Veteran's right shoulder disability and associated surgical scar are being remanded for further examination to determine their current severity, with a focus on the impact of flare-ups and upper extremity numbness. The rating for his service-connected right shoulder disability is also being remanded.

The Board has remanded the claims for higher ratings for bilateral knee disabilities due to inadequate examination findings.,Further development is required to obtain an adequate medical examination and assess the current severity of the Veteran's service-connected knee disabilities.

The Veteran's service-connected disabilities, including a fracture of the left wrist and tinnitus, have rendered him unable to secure or follow substantially gainful employment.