Scars decisions — 2023

The Board has dismissed the issues of entitlement to higher ratings on an extraschedular basis for right and left foot hallux valgus with degenerative arthritis, heel spurs and plantar fasciitis, as well as right and left foot scarring status post bunionectomy. This dismissal is due to the Veteran's grant of a total disability rating based on service-connected disabilities (TDIU) for the entire appeal period.

The Veteran's appeal for a higher disability evaluation for service-connected left ankle scars has been denied as the scars do not meet the criteria for a compensable rating under DCs 7801 and 7802.,The effective date for the award of a 20 percent disability evaluation for service-connected lumbosacral strain is set at June 26, 2018, as it was more than one year after the Veteran filed his claim.

The Veteran's superficial non-linear surgical scars were denied an initial compensable rating prior to August 3, 2017.,A 10% rating was granted for the Veteran's painful superficial non-linear surgical scars prior to August 3, 2017. The matter of his status post epigastric herniorrhaphy, ventral hernia is now remanded.

The combined effects of the Veteran's service-connected disabilities have not precluded substantially gainful employment for the entire appeal period, thus his claim for TDIU is denied.

The Veteran's asthma is granted service connection due to presumed exposure under the PACT Act. Service connection for a chronic scar disorder is denied.

The Veteran's claims for earlier effective dates prior to April 30, 2018, for the grant of service connection for various disabilities have been denied.,VA received an original formal claim on May 4, 2018, and granted service connection within one year after separation from active military service. The effective date set is the day following the Veteran's exit from active service.

The Veteran's left toe scar is granted an initial 10 percent rating, but the issue of a compensable rating for his left fourth toe arthroplasty is remanded due to lack of recent VA examination.

The Veteran's claim for service connection for COPD is reopened, and the case is remanded for further evaluation. The cases for initial compensable ratings for scars associated with esophageal cancer are also remanded.

The Board has remanded the claims for an initial compensable rating, earlier effective date, and TDIU due to new evidence indicating a worsened disability picture. A new VA examination is needed to assess the current severity of the left shoulder surgical scars and left groin scars.

The Veteran's claims for effective dates prior to June 6, 2018, for the grants of service connection for his bilateral shoulder disabilities were denied. The Board found that the earliest effective date under the law was February 6, 2015, for the left shoulder and left humerus disabilities due to the Veteran's original claim being filed more than one year after separation from active service. For the right shoulder and right humerus disabilities, June 6, 2018, is the earliest effective date under the law.

The Veteran's service-connected disabilities, including PTSD, sleep apnea, and knee conditions, have rendered him unable to secure or maintain substantially gainful employment.

The Veteran's service-connected disabilities prior to April 30, 2015, do not meet the schedular criteria for a total disability rating based on individual unemployability (TDIU). However, his TDIU is remanded for referral to VA's Director of Compensation Services for extra-schedular consideration.

The Veteran's claims for right wrist disability, scar (claimed as stab wound), right fifth finger disability, bilateral eye disability, and acquired psychiatric disorder are all being remanded due to the need for additional examinations and development of evidence. The claim for a 10 percent evaluation based upon multiple noncompensable service-connected disabilities prior to April 23, 2021 is inextricably intertwined with these other claims.

The Veteran's right knee disability has been rated at 10 percent for meniscus tear and noncompensable for scarring. The Board found that the evidence did not support a higher rating based on functional loss or other factors.

The Board has remanded the claims for service connection for left shoulder scar and TDIU before August 9, 2017 due to inadequate opinions in previous examinations. The case is being returned for further development.

The Veteran's service-connected disabilities require a higher level of aid and attendance, necessitating personal health-care services provided on a daily basis by a person who is licensed to provide such services. The Board has granted the increased SMC (r)(2) based on this need.

The Board has dismissed the appeals regarding entitlement to a rating in excess of 10 percent for right knee patellar regeneration, residuals of meniscal tear, patellar tendinosis and entitlement to a compensable rating for right knee surgical scars. The appeal for total disability rating based on individual unemployability (TDIU) is also dismissed.

The Veteran's claim to restore the disability rating for lumbar myalgias secondary to spinal block was dismissed as it has been fully granted in a prior decision.,The Veteran's claim of an initial compensable disability rating for a left knee scar was withdrawn and dismissed.

The Board has remanded the Veteran's claims for asthma and lung scarring due to a lack of VA examination in connection with these claims. The Veteran served as an aviation ordnanceman, but reported exposure to asbestos during ship refit.

The Veteran's appeals for a compensable rating for the right great toe scar and a 10 percent rating based on multiple, noncompensable service-connected disabilities under 38 C.F.R. � 3.324 were dismissed.,The Veteran's appeals for higher staged initial ratings for degenerative disc disease of the lumbar spine status post lumbar discectomy and entitlement to a TDIU were remanded.