Scars decisions — 2023

The Veteran's service-connected PTSD alone supports an award of total disability rating based on unemployability due to service-connected disability, and his other service-connected disabilities combined exceed a 60% rating. Therefore, SMC under 38 U.S.C. § 1114(s) is granted for the purpose of accrued benefits.

The Veteran's cause of death was not service-connected, and his need for aid and attendance or housebound status was also denied due to the lack of evidence linking his disabilities to his service.

The Veteran's claims of increased ratings for his right knee arthritis, instability, and scars are being remanded due to the need for additional VA examinations and consideration of new evidence.

The Board has remanded the case for further development regarding the Appellant's income and medical expenses to determine her eligibility for death pension benefits, as well as to verify the Veteran's exposure to herbicides and ionizing radiation during service. Additionally, a VA medical opinion is needed to address the cause of the Veteran's death.

The Board denied the Veteran's claims for service connection for a separate disability of the back other than cervical strain and for left ring finger fracture, to include scarring, as secondary to service-connected cervical strain. The claim for increased rating for cervical strain was also denied.,There is no indication that any exposure basis (e.g., burn pit, Agent Orange, Camp Lejeune) played a role in the Veteran's conditions.

The Board has granted service connection for the Veteran's right wrist, hand, and thumb disabilities. The residuals of ulnar collateral ligament tear and ulnar nerve transfer surgery are also granted as secondary to his service-connected conditions.

The Veteran's service-connected disabilities have precluded all substantially gainful employment for which his education and occupational experience would otherwise qualify him during the periods from March 20, 2018 through November 30, 2020 and since March 23, 2022. However, the TDIU claim is remanded due to insufficient evidence regarding the period from December 1, 2020 through March 22, 2022.

The Board has remanded the cases for further development, including obtaining a new VA examination to assess the severity of the Veteran's cervical spine and low back disabilities. The effective date issue is resolved with an October 31, 2016 effective date for service connection.

The Board has remanded the issues of entitlement to SMC at the housebound rate, right and left knee disabilities for extraschedular consideration. The Veteran's service-connected conditions include major depressive disorder, cervical spine disability, total knee replacements on both knees, gout in multiple joints, and other musculoskeletal conditions.

The Board has decided to remand the Veteran's claims for diabetes mellitus, thoracic spine disability, right lower extremity neuropathy, and migraine headaches due to incomplete development of records.

The Board has remanded the claims for service connection due to exposure to mustard gas at Camp Lejeune, as there is insufficient evidence regarding the Veteran's claimed exposures and their relationship to his disabilities.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's claims for increased ratings of his service-connected disabilities have been denied. The effective dates for the grants of service connection and increased disability ratings are all set to June 21, 2016.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Veteran's service-connected disabilities, including ischemic heart disease and PTSD, have rendered him unable to secure or follow substantially gainful employment prior to March 22, 2018.

The Board dismissed the Veteran's appeals regarding ratings for PTSD, gunshot wound to left gastrocnemius with scar, and bronchial asthma due to lack of case or controversy.

The Board has determined that the Veteran's conditions, including loss of use of diaphragm, residual scar on left torso, and sleep apnea, are related to his active duty service. However, due to lack of VA examinations and medical opinions assessing these conditions' etiology, the claims are being remanded for further evaluation.

The Veteran's claim for higher ratings for her left wrist fracture and associated scars was denied. The highest schedular rating available under the applicable diagnostic codes has been awarded, with no indication of ankylosis or other conditions warranting a higher rating.

The Veteran's hypertension and left knee surgical scar were denied compensable ratings. A separate 10 percent rating was granted for a painful scar associated with the left meniscus tear with Baker's cyst status post total knee replacement, effective March 4, 2020.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to insufficient evidence of current employment status, failure to provide proper notice of examinations, and incomplete medical records. The Veteran is required to submit updated VA Form 21-8940 and undergo appropriate VA examinations.