Scars decisions — 2023

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance as they do not cause anatomical loss or use of both feet, blindness in both eyes with visual acuity of 5/200 or less, permanent bedridden status, or being so helpless as to be in need of regular aid and attendance.

The Veteran's left forearm and hand burn scars are rated at 30 percent, but the painful scars on his left forearm, left hand, and right thigh are rated at 30 percent effective December 4, 2019.,The Veteran's depressive disorder to include anxiety is currently rated at 30 percent.

The Veteran's claims for service connection have been withdrawn. The remaining issues, including those related to the left hand and right knee disabilities, are being remanded due to insufficient evidence.

GERD has been dismissed as the RO granted a new claim for GERD in June 2023, which was not part of the original appeal.,Service connection for scars on the bilateral eyebrows is granted. The Veteran's lay testimony regarding his injury during service is considered credible.

The Board has granted service connection for a left heel/achilles scar and remanded the issue of entitlement to a rating in excess of 10 percent for chronic left heel pain. The right knee scar case is still pending.

The Board has determined that additional evidence was submitted after the appeal was transferred to the Board and a waiver of RO review was sought. The Veteran's claim for an increased rating for tinnitus is remanded as no SSOC addressing this issue has been issued.

The Veteran's service-connected right ankle disability and associated scars do not preclude him from securing or following substantially gainful employment.

The Board has restored service connection for degenerative joint disease cervical spine, residual midline incisional scar of the posterior neck, and depressive disorder NOS as these conditions are related to service.

The Veteran's appeals for increased ratings and entitlement to total disability based on individual unemployability (TDIU) have been dismissed as he withdrew his appeal prior to the issuance of a decision.

The Veteran's service-connected detached retina, right eye disability is remanded for an updated VA examination. The Veteran's obstructive sleep apnea is also remanded for a VA examination to determine its onset and relationship to active service.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, leading to a grant of TDIU.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations to assess the current severity of his GERD, right shoulder disability, left shoulder disability, status-post medial meniscectomy, right knee, and scars, right knee.

The Board has found that there has not been substantial compliance with its prior remand directives and has therefore ordered the claims for service connection for various conditions to be remanded for further development.

The Veteran's PFB is rated at 10 percent, effective March 29, 2019. The RO has assigned separate ratings for his burn scars and neurological symptoms associated with the burns.,The Veteran's burn scars are currently rated as 30 percent disabling overall, but individual ratings for each scar need to be determined.

The Board has decided to remand the Veteran's claims for right knee, shoulder, and hip disabilities due to the need for additional examinations to determine their current severity.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of June 1, 2015. His TDIU is granted effective from that date.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and evaluations.

The Veteran's service-connected disabilities, including PTSD, left shoulder disability, thoracolumbar spine degenerative disc disease, and other conditions, are found to preclude him from securing or following a substantially gainful occupation as a truck driver. As such, the Board has granted his TDIU claim.

The Veteran's dermatophytosis and right-hand scars have not been rated higher than noncompensable due to the lack of evidence showing more than topical therapy or systemic treatment.,The Veteran’s dermatophytosis does not meet the criteria for a compensable rating under either pre-amendment or amended Diagnostic Code 7806.

The Veteran's appeals for a compensable rating for his scar, residual of s/p right hip arthroplasty and an increased rating for his right hip avascular necrosis have been denied. The Board found that the current ratings were appropriate based on the evidence showing no symptoms warranting higher evaluations.