Scars decisions — 2023

The Veteran's claim for a compensable rating for bilateral hearing loss is remanded due to the possibility of worsening since his last VA examination in July 2016.,The Veteran's claim for service connection for diabetes mellitus, type II as due to herbicide agent exposure is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for erectile dysfunction as secondary to diabetes mellitus, type II is remanded due to the possibility that the condition has worsened since the last VA examination in July 2016.,The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for chronic kidney disease is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a cervical spine disorder is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a right shoulder disorder is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a left shoulder disorder is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a right knee scar is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for presbyopia is denied as refractive errors are not considered diseases or injuries under VA regulations.

The Board has granted service connection for right knee instability and awarded a disability rating of 10 percent for the Veteran's right knee scar. The issues have been resolved in favor of the Veteran.

The Veteran's appeal for a higher disability rating for his scar on the scalp was denied as it did not meet the criteria to establish a greater than 10 percent rating.

The Veteran's obstructive sleep apnea is rated at 50 percent, the maximum rating authorized under DC 6847. The Board finds that the criteria for a higher rating are not met.,The Veteran's low back scars have been rated as non-compensable. The evidence does not show any disabling effects on the affected body parts and the scars do not meet the criteria for a compensable rating under DC 7805 or DC 7802.,The Veteran's tinnitus is rated at 10 percent, the maximum rating authorized under DC 6260. The evidence does not show any unique or unusual symptoms not contemplated by the rating code.

The Veteran is seeking additional retroactive VA disability compensation benefits under the CRSC program for the period from December 2011 to April 2015, and he also wants to know if it was proper to withhold his VA disability compensation benefits due to a retired pay adjustment. The Board has ordered further action to review these issues.

The Board has determined that a remand is necessary to address the etiology of the Veteran's scars, which are claimed as secondary to his service-connected nephrolithiasis.

The Veteran's service-connected disabilities prevented him from securing or maintaining substantially gainful employment prior to September 16, 2020.

The Board has denied the Veteran's claims for service connection for right knee disability, left knee disability, scar from a lower lip laceration, tinnitus, and unspecified back disability. The evidence did not support a finding that any of these conditions began during active service or were related to in-service injuries or diseases.

The Veteran's claim for a higher rating for hidradenitis and associated scars is granted, but the Board finds that additional development is needed to determine if a higher rating is warranted due to flare-ups.,The Veteran's claim for an increased rating for her scars associated with hidradenitis remains remanded as well.

The Veteran's application for TDIU prior to July 21, 2016 was denied due to lack of qualifying disability ratings. The Board has referred the matter to the Director of Compensation Services for extraschedular consideration.

The Board has granted service connection for tinnitus. The remaining issues on appeal are remanded due to procedural errors and the need for additional examinations.

The Board has denied the Veteran's claims for increased ratings for his postoperative hernia repair scar and lumbar spine degenerative arthritis. The case is being remanded to consider additional evidence added since the January 2023 Supplemental Statement of the Case.

The Board has restored service connection for residuals of a right ankle fracture status post ORIF, scar from a right ankle fracture post ORIF, and pseudofolliculitis barbae as the RO did not provide proper notice regarding the Veteran's character of discharge.

The Board has remanded the cases for a new VA examination to determine the severity of the Veteran's knee disabilities, including right knee DJD, left knee DJD, and left knee instability. The current disability ratings will not be determined until this is done.

The Veteran's TDIU claim is granted, and he meets the criteria for basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35.,Service connection for recurrent sleep disability (obstructive sleep apnea) and thyroid disability (hypothyroidism and obesity) are remanded due to insufficient evidence regarding their etiology.

The Veteran's facial scars are rated as 30 percent disabling since April 29, 2022. The Board found that the evidence does not support a higher rating for the scar disfigurement.

The Veteran's service connection claims for thyroid disability, right knee disability, left knee disability, and knee scars are granted. The TDIU claim is also remanded.

The Veteran's service-connected rectum and anus, impairment of sphincter control, is granted a 100 percent rating from May 28, 2014. SMC benefits are also granted at the statutory housebound rate for this period. The appeal for TDIU is dismissed as moot due to the Veteran's already receiving maximum benefits.

The Board has decided to remand the Veteran's claims for increased ratings and back pay due to a lack of recent examinations and an incomplete audit of his payment account. The Veteran will need to undergo further evaluations and an audit before these matters can be reconsidered.

The Veteran's claims for increased ratings for his service-connected left knee disability are being remanded due to the need for further development, including obtaining private treatment records and considering the appropriate rating criteria for a total left knee replacement.