Scars decisions — 2023

The Veteran's appeal for service connection for COPD, and increased ratings for the service-connected muscle injury, and associated scars were withdrawn by his representative. The Board has dismissed these appeals.

The Board has granted effective dates of July 1, 2016 for the service connection of tinnitus, bilateral hearing loss, low back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, linear scar from hernia surgery, adjustment disorder with mixed anxiety and depression, migraine headaches, epididymitis, and residual scar from hernia operation.

The Board has remanded the Veteran's claims for increased ratings and effective dates due to new evidence received after the initial decisions. The Veteran is entitled to earlier effective dates for service connection of CAD, surgical scar, and atrial fibrillation.

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities, including pes planus, bilateral ankle and knee disabilities, left shoulder disability, right hand scar, and bilateral hearing loss. The combined rating of these conditions exceeds the schedular requirement for a TDIU.

The Veteran's claims for service connection have been denied. The Board has remanded several issues, including those related to bilateral hearing loss and tinnitus, as well as some of the disability evaluations.

The Board has granted service connection for residuals of testicular cancer due to exposure at Camp Lejeune. The Veteran's chronic lung condition and scars are remanded for further evaluation.

The Board has dismissed all claims of service connection for various conditions as the Veteran died during the appeal process.

The Veteran's claims for service connection for a right wrist condition, left wrist condition, right carpal tunnel syndrome, left carpal tunnel syndrome, and tibial neuropathy of the right knee and lower foot are being remanded.,The Veteran's claim for an initial compensable rating for scar, status post desmoid removal is being remanded.,The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to January 23, 2017 is being remanded.

The Board has granted an effective date of July 15, 2013 for the award of Total Disability Rating Based on Individual Unemployability (TDIU) due to the Veteran's service-connected disabilities. The portion of the decision that dismissed entitlement to an earlier effective date prior to December 6, 2016, is vacated.

The Veteran was found unable to secure and follow substantially gainful employment due to service-connected PTSD, which prevented him from working. The Board granted a TDIU rating for the period from August 28, 2018, to April 8, 2021.

The Veteran's death was not due to willful misconduct, but his death was not the result of a condition that he had been rated as totally disabled for at least 10 years prior to his death. The appeal is remanded to obtain outstanding treatment records.

The Veteran's neck scar is granted a 10 percent rating effective September 23, 2016. The separate rating for dysphagia due to stenosis of the oropharynx is denied. The compensable rating for squamous cell carcinoma, floor of mouth (postoperative with dysphagia) is also denied. A rating in excess of 10 percent for bilateral hearing loss from October 12, 2022 is denied. An earlier effective date prior to May 18, 2022 for a TDIU is denied. Service connection for radiation fibrosis syndrome as a residual of squamous cell carcinoma, floor of mouth is remanded.

The Veteran's acquired psychiatric disorder is granted as secondary to his service-connected renal cell carcinoma. The initial rating for right renal cell carcinoma and associated scarring are remanded, as well as the issue of service connection for a heart disorder related to renal cell carcinoma.

The Board denied the Veteran's claim for TDIU prior to September 30, 2020, finding that his service-connected disabilities did not prevent him from securing or maintaining substantially gainful employment.

The Board has decided that the Veteran's claims for initial compensable ratings for gastritis with gastroesophageal reflux disease and H. Pylori infection, as well as for a forehead scar, should be remanded to the AOJ for further review of additional VA treatment records.

The Veteran's claims for increased ratings and service connection have been denied. The right ankle, left ankle, and left knee scars are not rated higher than the current 10 percent due to their non-painful and stable nature.,Tonsillitis is currently assigned a 10 percent rating, which is the maximum allowed under Diagnostic Code 6599-6516. Bilateral hearing loss and tinnitus do not warrant additional ratings.

The Board denied the Veteran's claim for SMC based on aid and attendance due to his service-connected disabilities, finding that he is not in need of regular aid and assistance.

The Veteran's vaginal disability is rated at a maximum of 30 percent, effective July 20, 2016. The anterior trunk scars are not compensably rated.

The Veteran's appeals for TDIU, increased rating for right toe disability, and compensable rating for right foot scar have been dismissed due to the death of the appellant.

The Veteran's service-connected migraine headaches, pulmonary nodule of the right lung, bilateral pterygium, and residuals of closed rib fracture with associated keloid scar are being remanded for additional examinations to assess their current severity.