Scars decisions — 2023

The Board has remanded the cases for further development, including scheduling VA examinations and obtaining additional medical records. The Veteran's partial laryngectomy scar does not meet the criteria for a compensable rating under current regulations. For his psychiatric disability, the claim is being denied as the Veteran failed to report for a necessary examination without good cause.

The Board has remanded the case due to deficiencies in the medical record and the need for an addendum opinion regarding service connection for retinal detachment with macular scar, right eye.

The Board has remanded the issues of entitlement to an evaluation in excess of 10 percent disabling for the period prior to June 30, 2017, and in excess of 60 percent disabling for the period thereafter through January 27, 2022, for service-connected right indirect inguinal hernia, postoperative. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) remains on appeal.

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not prevent him from obtaining or maintaining gainful employment.

The Board granted an initial evaluation of 10 percent for a scar of the right knee, denied service connection for hearing loss, and granted service connection for tinnitus. The Veteran's tinnitus is related to his in-service noise exposure.

The Board has dismissed the Veteran's claims for insomnia disability and denied his claims for right thigh, bilateral hand, bilateral foot, seizure disorder, shin splints, eczema, pseudofolliculitis barbae (PFB), lumbar spine disability, left lower extremity neuralgia, lumbar scar, psychiatric disability, migraines, cystic acne, and hiatal hernia with gastritis and history of healed gastric antral ulcer.

The Board has granted the Veteran's claim for Total Disability Based on Individual Unemployability (TDIU) due to his service-connected disabilities, which include generalized anxiety disorder, right knee ACL tear, tinnitus, painful scar from ACL surgery, left patellofemoral pain syndrome, bilateral plantar fasciitis, cervicogenic headache, and right knee limitation of extension. The Board found that the Veteran's service-connected conditions collectively precluded him from securing or following substantially gainful employment.

The Veteran's acquired psychiatric disorder is related to military service, and the character of his discharge from his second period of service is not a bar to VA benefits.,Service connection for heart disease, hypertension, kidney disease, sleep apnea, bilateral knee disability, lumbar spine disability, cervical spine disability, and scars are remanded due to insufficient evidence.

The Veteran's service-connected disabilities, including her back and left ankle conditions, rendered her unable to secure or maintain substantially gainful employment prior to October 9, 2017.

The Veteran's initial increased disability ratings for tinnitus, right knee strain, and left ankle neuropathy were denied. The Veteran's PTSD with major depressive disorder and marijuana use was also denied an increase in rating.,Issues related to service connection for carpal tunnel syndrome, erectile dysfunction, and TDIU were remanded.

The Veteran's service-connected pulmonary sarcoidosis with chronic obstructive pulmonary disease is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's scar, lower anterior neck associated with pulmonary sarcoidosis with chronic obstructive pulmonary disease does not meet the criteria for a compensable initial rating.

The Veteran's service-connected conditions, including ischemic heart disease, lumbosacral strain, and peripheral neuropathy of the lower extremities, prevented him from securing or maintaining substantially gainful employment.

The Veteran's appeal for a compensable disability evaluation for scars, status post right knee meniscectomy was dismissed. The Board also remanded the issues of higher disability evaluations for right total knee replacement and TDIU.

The Veteran's appeal for a higher rating for bilateral foot tinea unguium pedis and scars has been withdrawn. The Board has granted the Veteran's claim for total disability rating based on individual unemployability due to service-connected disabilities, effective from April 5, 2016.

The Board has granted a TDIU for the period from December 7, 2012, to August 21, 2016, and established basic eligibility for Dependents' Educational Assistance Benefits for the same period.

The Board has denied the Veteran's claim for compensation under 38 U.S.C. § 1151 as her bowel duct problems with scar and C. difficile infection are not considered additional disabilities resulting from VA care, treatment, or examination.

The Veteran's disability ratings for his left and right lower extremity disabilities were improperly reduced, and the VA has been ordered to restore the original ratings.,The Veteran's back disability was also remanded due to insufficient evidence of improvement.

The Veteran's claim for a higher disability rating for acne scars of the face and neck was denied as the evidence did not meet the criteria for a higher rating. The initial compensable rating for anterior and posterior trunk acne scars prior to February 9, 2023, and a rating higher than 10 percent thereafter, were also denied.

The Veteran's service-connected left knee disability rendered him unable to work in physical labor or sedentary environments, leading the Board to grant a total disability rating based upon individual unemployability (TDIU) on an extraschedular basis as of August 10, 2011.

The Board has remanded the Veteran's claims due to insufficient development and examination findings, particularly regarding his right hand disability and left foot strain.