Scars decisions — 2023

The Veteran's service-connected basal cell carcinoma with residual scarring was granted a disability rating of 10 percent for the appeal period prior to September 28, 2021.

The Veteran's service-connected disabilities, including PTSD with major depressive disorder and obstructive sleep apnea, have rendered him unable to secure or follow substantially gainful employment since January 18, 2022.

The Veteran's appeal is denied as there is no current evidence of the claimed conditions and service connection cannot be established.,There is no current diagnosis for gastric ulcers, and the Veteran did not have a diagnosed condition during or contemporary to the appeal period.

The Board has remanded the cases for further development and consideration, including obtaining updated VA treatment records and attempting to obtain private medical records from a Correctional Training Facility.

The Veteran's claim for service connection for bilateral hearing loss is granted. The claim for an initial compensable rating for the right knee scar is denied. The claims for service connection for a left eye condition, heart condition, GERD, gastrointestinal condition, right shoulder disability, and lumbar spine disability are remanded.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful occupation effective June 14, 2015. Effective that date, a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis is granted.

The Veteran is granted a TDIU beginning February 27, 2018 due to his service-connected disabilities.,The issue of entitlement to a TDIU prior to February 27, 2018 is remanded for further review.

The Board has remanded the case due to insufficient examination reports and lack of photographs, which were requested in previous remands. The Veteran's claim for a compensable rating for service-connected scarring is now before the VA again.

The Veteran's service connection for tinnitus is granted.,For the period prior to April 8, 2017, a rating in excess of 20 percent for lumbar DDD L5-S1 is denied. From April 8, 2017, a 40 percent rating is granted and a separate 20 percent rating is granted for each lower extremity radiculopathy.,The Veteran's right knee chondromalacia patella and meniscus residuals are rated at the noncompensable level. The scars on his knees and feet are also rated as noncompensable.,Service connection for PTSD is granted with an initial 50 percent rating, but not higher.

The Board has decided to remand the case due to additional evidence being submitted by the Veteran and requires further review.

The Board denied a total disability rating based upon individual unemployability due to service-connected disabilities, finding that the Veteran's combined service-connected disabilities did not prevent him from substantially gainful employment.

The Board has determined that further development is needed to determine the current severity of the Veteran's right great toe disability.,The Veteran's inguinal hernia and scar from his surgery are not rated higher than their current levels.

The Board has dismissed the appeal for tinnitus as it was granted in a separate decision. The remaining claims of service connection for various disabilities are remanded due to the need for further medical examination and opinion.

The Board has determined that the VA examination provided in December 2019 is inadequate and requires further evaluation to determine if there was additional disability due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part.

The Board has remanded the TDIU claim due to insufficient information regarding the Veteran's employment status and his ability to work with his service-connected disabilities. The case is returned for further development.

The Board has decided to remand the case due to inadequate opinions regarding the etiology of the Veteran's eye conditions. The AOJ must obtain new opinions from an appropriate examiner.

The Veteran's TDIU claim is denied as he had a substantially gainful employment prior to October 29, 2015 and the evidence does not substantiate a reasonable possibility that he was unemployable due to his service-connected disabilities.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for facial scars, pain, sinus problems, and a broken nose is dismissed. The Veteran's TBI and associated psychiatric conditions are denied an increased rating.

The Veteran's left thumb scars are rated at 0 percent and right knee painful scars are rated at 10 percent, both under Diagnostic Code 7804. The Board finds that the evidence does not meet the criteria for a higher rating.,There is no service connection theory specified in this decision.

The Veteran's service-connected coronary artery disease and related disabilities rendered him unable to secure or follow a substantially gainful occupation from March 13, 2012 to March 13, 2013. He is also eligible for Dependents' Educational Assistance benefits during this period.