Scars decisions — 2023

The Board denied service connection for scars from shrapnel wounds of the left side of the face and the left forearm, finding that there is no persuasive evidence linking these conditions to active military service.

The Veteran's claim for an evaluation in excess of 30 percent for his service-connected left shoulder posterior aspect gunshot wound (GSW) to Muscle Groups I, III, and IV with residual scars is being remanded due to the need for a VA examination.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Veteran's service connection for colitis is granted. The initial compensable rating for benign neoplasms of the skin, scars status post benign lipoma and nevi removals, and tinnitus are denied.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to May 13, 2008.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's claims, including for increased disability evaluations and service connection. The AOJ must obtain all relevant records from VA and non-VA providers, schedule appropriate examinations, and ensure compliance with remand instructions.

Service connection is granted for tinnitus.,A VA examination is needed to determine the nature and etiology of plantar warts (claimed as HPV).,A VA examination is needed to determine the nature and etiology of OSA.,A VA examination is needed to determine the nature and etiology of asthma.,A VA examination is needed to determine the nature and etiology of a back disorder.,A VA examination is needed to determine the nature and etiology of restless leg syndrome of the right leg.,A VA examination is needed to determine the nature and etiology of restless leg syndrome of the left leg.,A VA examination is needed to determine the nature and etiology of bilateral hearing loss.,An initial rating in excess of 10 percent for left index finger limitation of range of motion with lacerated digital nerve is remanded.,An initial compensable rating for scar of the left index finger pad is remanded.,An initial compensable rating for allergic conjunctivitis is remanded.

The Veteran withdrew his appeal for a compensable rating for residual scar, chest wall thoracotomy/lobectomy and the case is dismissed.

The Board has granted a TDIU from October 31, 2020 based on the Veteran's service-connected disabilities and his inability to secure or maintain substantially gainful employment due to his knee conditions and depressive disorder. The Board denied a TDIU prior to October 31, 2020 as there was not sufficient evidence of unemployability at that time.

The Board denied service connection for various conditions, including POTS, endometriosis, anemia, and breast fibroadenomas, all of which were deemed not related to the Veteran's military service or herbicide exposure.

The Veteran's appeal is remanded for additional examinations to determine the current severity of his service-connected bilateral knee conditions and left hip disability, as well as whether these conditions are related to his active service.

The Veteran's PID is related to service, including her in-service sexual assault and gynecological operations. A new VA examination is needed to determine the nature and etiology of the Veteran's claimed PID.,The Veteran's Pfannenstiel incision scar was aggravated by active service. An addendum opinion is needed regarding whether this aggravation occurred beyond its natural progression.,The preexisting right oophorectomy did not increase in severity during service, and there is no evidence of aggravation due to PID. An addendum opinion is needed regarding the relationship between the Veteran's back disability and her PID.,PID may be related to the Veteran's in-service sexual assault and gynecological operations. A clarification opinion is needed to determine whether the Veteran's in-service symptoms align with how her current PID developed.

The Veteran's appeal for an initial compensable rating for scar, status post spinal fusion, was dismissed. The claim of residuals of head trauma (claimed as dental trauma) has been reopened and is currently under consideration. Service connection for diabetes mellitus, type 2, gastroesophageal reflux disease (GERD), gastroenteritis, obstructive sleep apnea (OSA), respiratory disorder (recurrent aspiration pneumonia), cardiac disorder (atherosclerosis), acquired psychiatric disorder, residuals of head trauma, facial scars, bilateral eye disorder, cervical spine disorder, right shoulder disorder, bilateral elbow disorder (tendinitis), bilateral plantar fasciitis, and bilateral pes planus have been remanded for further review.

The Board denied the Veteran's claim for a TDIU based on service-connected disabilities other than heart disease due to insufficient information provided by the Veteran regarding his employment situation and educational background.

The Veteran's appeals for increased ratings on several conditions have been dismissed. The Board has also remanded the cases of left hip arthritis and PTSD for further evaluation.

The Veteran withdrew his appeals, including the service connection claim for right elbow disability.

The Board denied an extraschedular rating for a painful inguinal hernia scar, finding that the Veteran's symptoms were adequately reflected by the current schedular ratings and did not result in marked interference with employment prior to December 15, 2021.

The Veteran's service-connected disabilities prevented him from obtaining or maintaining substantially gainful employment since 2004, and a TDIU rating is granted effective January 18, 2007.

The Board has determined that the Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation, and thus grants his claim for total disability based on individual unemployability (TDIU).

The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding his respiratory and cardiac disabilities, which may be related to exposure to herbicide agents. The issues of service connection for bilateral upper and lower neuropathy, a vestibular disorder, erectile dysfunction, constipation, and dry mouth are also inextricably intertwined with these claims.