Scars decisions — 2023

The Veteran's service-connected disabilities, including his depressive disorder and hypertension with renal kidney cancer, have led to a combined rating of 80 percent. However, the Board found insufficient evidence to support a TDIU due to the Veteran's failure to cooperate in providing necessary information.

The Veteran's IBS was granted service connection effective July 19, 2012. An earlier effective date is denied.,The Veteran's painful scarring was granted service connection effective April 1, 2011. An earlier effective date is denied.,The Veteran's right and left hip trochanteric bursitis were remanded for further examination as the current evidence does not establish a clear link to service.

The Veteran's service-connected PTSD, plantar fasciitis, and scar left hand ring finger precluded him from securing or maintaining substantially gainful employment prior to September 24, 2014. The Board granted a total disability rating based upon individual unemployability (TDIU) on an extraschedular basis for this period.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional examinations and determinations.,His left knee disability, including aortic root dilation and aneurysm associated with hypertension, is rated under DCs 7007 and 4.104.

The Veteran's claims for increased ratings and initial compensable evaluations are being remanded due to the failure of VA examinations scheduled in conjunction with his appeal. The Board finds good cause exists to reschedule these exams.

The Veteran's appeal for an increased initial rating for PTSD has been remanded due to the need for a new examination. The appeal for scars of the left anterior chest and right posterior chest was withdrawn by the Veteran.

The Veteran's service connection for allergic rhinitis (sinusitis) is granted. The Veteran's residual left foot scar, status post Morton's neuroma excision, and residual left palm scars, status post laceration and surgery, are rated at a single initial 20 percent rating from November 1, 2010.

The Board has remanded the case due to an inadequate VA examination, and a new one is needed to assess the current nature and severity of the Veteran's service-connected right ankle scar.

The Veteran's PTSD symptoms did not result in total occupational and social impairment, resulting in a denial of a rating in excess of 70 percent. From May 16, 2019 to October 1, 2021, the issue of TDIU was moot as he had a maximum schedular rating (100%). From October 1, 2021 onwards, TDIU was denied.

The Veteran's service-connected acne with scarring did not meet the criteria for an increased (compensable) disability rating during the entire review period.

The Veteran's appeals for increased ratings of tinnitus and suprapubic and infraumbilical scar have been withdrawn.,New evidence has been submitted to reopen claims for service connection for radiculopathy, lumbar disc disease, and cervical disc disease.

The Veteran's sleep apnea (OSA) is due to or aggravated by his service-connected fibromyalgia.,Service connection for OSA as secondary to fibromyalgia has been granted.

The Veteran's TDIU claim is remanded due to the need for additional medical opinions regarding his employability and functional impairment from his service-connected conditions.

The Veteran's claims for an initial compensable rating for a right thigh scar, service connection for hearing loss, sebaceous cyst, cold exposure residuals and a right thigh injury have been dismissed. Service connection for capillary hemangioma, right knee disorder and urinary disorder are denied.

The Veteran's initial claim for a higher evaluation for her scar of the left foot as a residual of surgery was denied.,However, the Veteran's claim for an increased evaluation for her residuals of injury to the left fifth toe was granted and she is now rated at 30 percent.

The Veteran's appeal for service connection for skin cancer and issues involving the effective dates for ratings assigned for left ankle, left leg sciatica, and left hip disabilities evaluated based on limited range of motion on flexion, extension, and abduction have been dismissed.,A 30 percent rating has been granted for a forehead scar from February 11, 2009, and for both the forehead scar and right malar cheek scar from August 20, 2015.

The Board has remanded the claims for service connection for a right hip disability, heart disorder (Ischemic Heart Disease), prostate disorder, and skin condition (to include scars) due to new and material evidence received. The Veteran's representative withdrew other claims.

The Board denied the Veteran's claims for service connection for a right shoulder disability, Fuchs' corneal dystrophy, and a left eye macular condition. The evidence did not support a finding that any of these conditions began during or were otherwise related to military service.,The VA examiners provided opinions indicating that there was no credible link between the Veteran's current eye disabilities (Fuchs' corneal dystrophy and left eye macular scarring) and his military service.

The Board has remanded the case due to issues with the assigned ratings for the Veteran's right knee scar disability and his headache disability. The AOJ is instructed to clarify the rating for the right knee scar disability, obtain updated treatment records, and arrange for a VA examination to determine the nature and likely cause of any headache disability.

The Veteran's service-connected depressive disorder is granted as secondary to his other disabilities. The rhinitis with history of sinus infections, OSA, and tinnitus are all rated at the maximum allowed under current criteria. Service connection for scar from right great toe surgery is granted but not effective prior to April 24, 2015.