Scars decisions — 2023

The Veteran's claim for an effective date prior to August 12, 2016, for the grant of an increased 80 percent evaluation for posttraumatic absence of the right eyebrow with residual scars and ptosis is denied. The Board found that there was no pending claim as of August 12, 2016, and that it was not factually ascertainable that the Veteran's increase in disability occurred within the one-year period prior to August 12, 2016.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to June 1, 2022.

The Board has denied increased ratings for headaches, herniated discs of the lumbar spine, status-post fracture of right ankle, and scar of right ankle as a matter of law due to failure to report for scheduled VA examinations. The mood disorder claim is remanded due to incomplete VA treatment records.

The Veteran's service-connected disabilities require the regular aid and attendance of another person as he is unable to perform daily activities independently due to his physical impairments.

The Board has remanded the cases for further development, including obtaining VA treatment records and a new examination for the chorioretinal scar of the left eye. The cases are also being remanded to determine an appropriate disability rating for the sternotomy scar.

The Veteran's lung cancer residuals are being remanded due to the need for an addendum opinion regarding his reported symptoms of dizziness, equilibrium problems, and altered gait.

The Veteran's left and right inguinal region hernia scars are painful, warranting a 10 percent disability rating.

The Veteran's PTSD is granted a 100% rating for the entire period on appeal. The issues of increased ratings for GERD, scars, and left foot disability are remanded. Service connection for unspecified bilateral foot disability is also remanded.

The Board has determined that the Veteran's claims for a compensable rating for left testicle varicocele and left knee scars must be remanded due to the need for additional examination and evaluation.

The Veteran's service-connected IVDS and major depressive disorder associated with IVDS, which arise from a common etiology, have rendered him unable to secure or follow substantially gainful employment since March 11, 2019.

The Veteran's claim for an initial compensable rating for abdominal surgical scars associated with residuals of a partial left nephrectomy was denied. A separate noncompensable rating for neurological impairment associated with the scars was granted.

The Veteran's claim for service connection for cephalgia has been granted. The Board found that the evidence is approximately evenly balanced as to whether this disability had its onset in service.,The Veteran's claim for an increased rating for residual surgical neck scar was denied. The Board noted that there is no basis upon which to grant a compensable rating for her current condition.

The Veteran's service-connected conditions do not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a) prior to May 26, 2021. The issue of entitlement to a TDIU on an extraschedular basis is referred to the Director, VA Compensation Service.

The Board has determined that a Statement of the Case (SOC) must be issued because the Veteran initiated his appeal on an incorrect form. The issues will now be remanded for issuance of an SOC.

The Veteran's claim for a total rating based on individual unemployability due to service-connected disability (TDIU) is denied as he does not meet the schedular or extraschedular criteria for TDIU.

The Board has remanded the case due to errors in addressing specific evidence and failing to consider the combined impact of all service-connected disabilities. The Veteran's TDIU claim will be reconsidered with additional development.

The Board has granted the Veteran a TDIU from January 20, 2013, to January 31, 2017. The claim for service connection for a back disability is remanded.

The Veteran's claim for an earlier effective date prior to March 14, 2014, for a total disability rating based on individual unemployability (TDIU) is denied. The Board found that the Veteran did not meet the schedular requirements for TDIU due to his service-connected disabilities and concluded that referral to the Director of Compensation Service for extraschedular consideration was not warranted.

The Veteran's appeals for increased disability ratings for her service-connected left foot conditions are remanded due to the need for updated VA examinations.

The Board has denied the Veteran's claims for earlier effective dates for service connection due to lack of legal basis, as the appeal period following the SOC expired and the decision became final.