Scars decisions — 2023

The Veteran's service-connected diabetes is found to be the primary cause of his diagnosed conditions, including asthma, erectile dysfunction (ED), hypertension, bilateral diabetic retinopathy, peripheral neuropathy in multiple extremities, and a left eye scar. The Board has granted increased ratings for these conditions based on their secondary relationship to diabetes.

The Board has remanded the case due to incomplete VA-accessible treatment records and additional development is needed.

The Veteran's neck scars are rated at 30 percent, but no higher. The Board denied a rating in excess of 30 percent for the Veteran's small punctuate scarring of the posterior neck with linear colloid revision scar and infectious abscess.

The Board has determined that the Veteran's Hepatitis C claim is inextricably intertwined with his claims for liver disease and transplant, scar from liver transplant, and diabetes mellitus. The issues are therefore remanded.

The Veteran's service-connected disabilities, including his major depressive disorder and knee conditions, rendered him unable to secure or follow a substantially gainful occupation since June 20, 2012. The Board granted the TDIU claim effective from that date.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since August 11, 2014. Therefore, an extraschedular TDIU is granted from August 11, 2014 to September 1, 2022.

The Board has remanded several issues for further development and rating consideration. The Veteran's appeal of service connection for a head injury was withdrawn, and the maximum schedular disability rating for his left knee replacement is maintained. Issues regarding increased ratings for right knee disability, shortening of the left leg, right shoulder recurrent dislocation, and facial scars are remanded.

The Board has dismissed the appeals for increased ratings for postoperative residuals of a left inguinal hernia and associated scars due to the appellant's withdrawal of his appeal.

The Veteran's claim for an earlier effective date for the award of service connection for a right ankle scar is granted as of June 18, 2018. The scar was present since his 2012 achilles tendon repair surgery.

The Board has granted service connection for hypothyroidism and denied service connection for vertigo, cysts and painful scar, and skin rash on the buttocks. The Veteran's current hypothyroidism is related to his military service.

The Veteran's appeals for increased evaluations and service connection were dismissed due to the withdrawal of these issues by his attorney during a hearing.

The Veteran was gainfully employed until June 30, 2014. The Board denied the claim for TDIU prior to July 1, 2014 as there were no service-connected disabilities that prevented the Veteran from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected painful scars on his right upper back and left thumb have been rated at 10 percent since March 2021.

The Board denied the Veteran's claim for an initial compensable rating for his service-connected right knee scar, finding that there was no objective evidence of a painful or unstable scar greater than 39 square centimeters.

The Veteran is seeking an earlier effective date for the award of service connection for various disabilities. The Board has determined that additional development is needed to determine if VA followed proper procedures in scheduling his examinations, which could affect the assigned effective dates.

The Veteran's claims for increased disability ratings and initial compensable rating were denied. The Veteran was not granted a higher rating for his service-connected scars, as the evidence did not show three or four unstable or painful scars warranting a higher rating under Diagnostic Code 7804.

The Veteran's bilateral inguinal hernias and scars of the oblique pubis have not met the criteria for a compensable rating under applicable VA regulations.,An increased disability rating is required for the Veteran's right knee strain, as his current rating does not account for all functional limitations.

The Board has remanded the cases due to the need for a VA examination to determine if the Veteran's squamous cell carcinoma of the parotid gland and facial scars are related to his active duty service, including exposure to herbicide agents like Agent Orange.

The Veteran's service-connected disabilities, including his lumbar spine and peripheral nerve conditions, require the regular aid and attendance of another person due to their effects on his ability to perform daily functions.

The Veteran's disability rating for pemphigus vulgaris with scarring is being remanded due to the lack of recent treatment records and information on flare-ups.