Scars decisions — 2023

The Board has remanded the claims for additional development to determine if anyone within VA capacities participated in the surgery at LSUHSC and whether VA care providers were negligent in recommending the procedure.

The Veteran's service-connected painful scars related to the removal of his right testis have been granted initial disability ratings of 10 percent each for the scar at the right inguinal region, right lateral abdomen, anterior abdomen, and periumbilical area.

The Board has determined that new and material evidence has been received to reopen the previously denied claims for service connection for chronic chin pain, lip/chin scar, and residuals from trauma from an April 1987 tank accident. The claim for service connection for residuals from trauma from an April 1987 tank accident is remanded due to a duty to assist error.

The Board denied the Veteran's claim for a TDIU prior to January 27, 2011 on an extraschedular basis due to insufficient evidence showing that his service-connected disabilities alone prevented him from securing or following substantially gainful employment.

The Veteran's duodenal ulcer, post vagotomy, with irritable bowel syndrome is granted a 30 percent disability rating from April 19, 2018 to March 3, 2021. The abdominal scar is denied any compensable rating.

The Veteran's right knee disability was granted an increased rating of 30 percent for the flexion disability from October 25, 2021 to December 2, 2022. The other issues were either denied or not addressed in this decision.

The Board has remanded the case due to additional evidence submitted by the Veteran and a previously obtained VA examination report. The claim for an increased rating for scar formation will be reconsidered.

The Board has denied the Veteran's claims for service connection for a pulmonary disorder, cervical spine disorder, bilateral hearing loss, and tinnitus. The appeal regarding residuals of right wrist injury/surgery is REMANDED.

The Veteran's service-connected right shoulder disability has rendered him unable to secure or follow any form of substantially gainful employment, and the Board finds that he meets the schedular criteria for assignment of a TDIU as of April 18, 2016.

The Veteran's right knee medial instability and lumbosacral spine disability have been granted increased ratings, with the right knee receiving a 20% rating. The TDIU claim has also been granted.

The Board denied an earlier effective date for service connection of shrapnel wounds on the anterior trunk and granted a 40% rating for prostate disorder with stress/urge incontinence, both effective March 9, 2016.

The Veteran's claims for an increased rating and TDIU are remanded due to the need for updated photographs and a comprehensive medical opinion regarding his service-connected skin disability.

The Veteran's PFB and hemorrhoids do not meet the criteria for a compensable rating under applicable VA regulations.,The residual scarring of pilonidal cystectomy does not meet the criteria for a compensable rating under applicable VA regulations.

The Veteran's claims for increased ratings for his residual scar and depressive disorder were denied. The Veteran's residual scar is currently rated at 30 percent, while the depressive disorder is rated at 50 percent prior to August 2, 2019, and 70 percent thereafter.,A separate compensable rating of 10 percent for a painful scar was granted from May 13, 2019.

The Veteran's claim for a clothing allowance due to the use of a back brace and Lidocaine (5%) is remanded as there are no associated records from the Veteran.

The Veteran's claim for service connection for diabetes mellitus has been reopened, and the issue of entitlement to a compensable disability rating for pseudofolliculitis barbae, scar, right middle finger, third digit, residuals of left stab wounds to the thigh and buttock/ tender scar with limitation of flexion and pain on motion, rhinitis, high blood pressure, diabetes mellitus type II (secondary to high blood pressure), retinopathy, hernia disability, chronic kidney disease (claimed as renal failure), arthritis of the right hand (variously claimed as arthritis of multiple joints), and testicular disability/ epididymitis is remanded for further development.

The Veteran's claim for an increased rating in excess of 10 percent for his left hand scar was denied. The Board found that the evidence did not support a higher rating as there were no three or four unstable or painful scars.,The Veteran's claim for an increased rating in excess of 20 percent for limitation of motion of third and fourth finger, left hand, was also denied. The combined rating for disabilities of an extremity cannot exceed the rating for amputation of that extremity.

The Board has remanded the cases for additional development due to insufficient evidence and a need for updated examinations. The Veteran's claims of increased ratings for degenerative changes of the left talus bone and PTSD remain on appeal.

The Veteran's petition to reopen his claim for service connection of a cervical spine disability was denied. The Board found that new and material evidence had not been submitted, thus denying the reopening of the claim. The issues of entitlement to increased ratings for right knee and ankle disabilities, as well as an initial compensable rating for a left knee surgical scar, are remanded.

The Veteran's scarring is granted service connection. The digestive disorder, including GERD, due to Camp Lejeune contaminated water exposure is remanded for further review.