Scars decisions — 2023

The Veteran's claims for effective dates prior to March 30, 2018 and October 12, 2018 for the grant of service connection for right shoulder strain, aspergillosis, status post lobectomy, scar, status-post lobectomy, olecranon bursitis, left elbow, and olecranon bursitis, right elbow have been denied.,The Veteran's claims for effective dates prior to March 30, 2018 and October 12, 2018 for the grant of service connection for these conditions are being remanded due to additional development needed.

The Board has granted service connection for a right shoulder disorder and an increased rating of 10 percent for residuals of a right hand surgery scar. The appeal is resolved in favor of the Veteran.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain substantially gainful employment, thus his TDIU claim is denied.

The Board denied service connection for the cause of the Veteran's death, finding that his service-connected conditions did not contribute substantially or materially to his dementia and subsequent death.

The Board denied service connection for lung cancer and a post-operative scar resulting from lung surgery, finding that the disabilities did not have their onset during service or were not related to any in-service disease, injury, or other incident of service.

The Veteran's scars from stomach surgeries are rated at a compensable level of 10 percent, granted throughout the period on appeal.

The Board has granted a total disability rating based on individual employability due to service-connected disabilities effective June 30, 2020. The combined effects of the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful employment.

The Board has remanded the Veteran's claims for a compensable rating for his craniotomy scar and TDIU due to pre-decisional duty to assist errors. The issues are inextricably intertwined, so both will be remanded together.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain substantially gainful employment. The Board denied the TDIU claim as his combined disability rating was at least 70%.

The Veteran's facial scars, which measure 9.6 total square centimeters and include two characteristics of disfigurement (scar width ≥ 0.6 cm and depressed surface contour), are granted a 30 percent rating effective from May 4, 2023. The linear scars on the upper extremities and trunk, totaling 24 total square centimeters, are also granted a 30 percent rating.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a heart disability. The case is remanded due to the need for a VA examination to address the relationship between any identified heart disability and the Veteran's active service.

The Veteran's claims for PTSD and right knee residuals are remanded due to the need for updated VA examinations and records. The TDIU claim is also remanded as it may be impacted by the other issues.

The Board has determined that a remand is necessary to assess the current severity of the Veteran's service-connected chloracne and associated scars due to an incomplete examination in January 2018. The Veteran was previously granted separate ratings for her chloracne, neck scar, and trunk scars but had them combined into one rating.

The Veteran's claims for bilateral eye disability and respiratory disability are being remanded due to the need for additional medical opinions addressing service connection, exposure basis, and nexus.

Service connection is granted for schizoaffective disorder, depressive type. The case is remanded to assess the Veteran's head injuries and associated scars and headaches.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine with intervertebral disc syndrome and painful surgical scars, are being remanded for further evaluation.

The Board has remanded the issues of effective dates prior to June 7, 2004 for service connection and entitlement to TDIU due to the appellant's service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities, including PTSD and lymphedema caused by cellulitis, rendered him unable to secure or maintain substantially gainful employment as of March 9, 2021.

The Veteran's service-connected disabilities do not result in loss or loss of use of a hand or foot, permanent vision impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, the Veteran is not eligible for financial assistance for an automobile and adaptive equipment.

The Veteran's service-connected disabilities, including coronary artery disease and lumbosacral strain, rendered him unable to secure or maintain substantially gainful employment on and prior to January 11, 2023. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was also established.