Scars decisions — 2023

The Veteran's claims for a compensable rating for scar, inguinal hernia and residuals of fractured jaw are remanded. The heart disability claim is also remanded as it involves participation in a toxic exposure risk activity (TERA).

The Veteran's claim for an increased disability evaluation for coronary artery disease, supraventricular arrythmia, status-post CABG was denied. Separate noncompensable evaluations were assigned for the Veteran's sternum scars and right leg scar, both of which are now rated as 10 percent disabling.

The case is being remanded due to inadequacies in a previous VA opinion and the need to address a statement from a service medic regarding foot symptoms during service. The examiner must clarify current disabilities, determine if they are related to service, and assess whether they were caused or aggravated by service-connected conditions.

The Board has granted an initial disability rating of 10 percent for the service-connected hernia scars, effective from April 30, 2013.

The Board has remanded the claims for a broken right zygomatic arch, missing tooth for VA compensation, an acquired psychiatric disorder (including depression, GAD, panic disorder, and/or PTSD), sleep disorder, facial scars, and back disability due to incomplete development of records.

The Veteran's service-connected disabilities, including PTSD, right ankle ligament laxity, shoulder conditions, and other residuals, have rendered him unable to secure or follow substantially gainful employment prior to March 18, 2020. Basic eligibility for Dependents' Educational Assistance benefits is also established.

The VA withheld compensation benefits to recoup separation pay in the amount of $17,513.28 due to a statutory requirement and the decision is denied as it was proper.

The Board dismissed the appeal regarding initial compensable and increased ratings for a service-connected temporal and vertex scar due to the appellant's withdrawal of the appeal.

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to conflicting medical findings and a need for further examination.

The Veteran's service-connected disabilities render her unemployable, and the Board has granted a TDIU based on this finding.

The Veteran's TDIU claim is denied as his combined service-connected disability rating has reached 100%, rendering the issue moot.

The Board has dismissed the claims of service connection for pancreatic cancer and scar, status post partial pancreatectomy and cholecystectomy as moot due to a grant of service connection under the PACT Act. The claim of service connection for Crohn's disease is remanded.

The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment prior to November 21, 2012. Effective November 21, 2012, the evidence shows that he is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Veteran's macular scar of the right eye results in visual acuity of 20/40 corrected distance, which does not meet the criteria for a higher disability rating.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to insufficient development of his medical records and examination reports.

The Board has determined that additional examinations are needed to assess the Veteran's service-connected muscle injuries and associated scars. The claims for increased ratings for all three of these conditions are being remanded.

The Veteran's cerebral infarction, claimed as residual to left foot surgery, and lower gum scar are being remanded for further evaluation due to conflicting medical opinions and new evidence.

The Veteran's claim for an initial compensable rating for residual surgical scars, right knee was denied. The Board found that the evidence did not support a higher evaluation under any applicable diagnostic codes. Additionally, the Veteran's TDIU claim prior to April 3, 2019 was granted.

The Veteran's claim for an increased rating for splenectomy residuals is remanded due to the need for a new examination.,Service connection for erectile dysfunction and low sperm count, both secondary to hernia repair, are also remanded as there are issues with the current evidence provided.

The Veteran's pulmonary disease, including his service-connected asbestos-related pulmonary disease and diagnosed asthma, has required continuous outpatient oxygen therapy since August 2015. The Board granted an initial rating of 100 percent for the Veteran's pulmonary disease.