Scars decisions — 2023

The Board has determined that additional evidence was added to the record since the last decision and must be considered by the AOJ. The claims for increased ratings for a right hip scar, an increased rating for a right ankle disability, and service connection for a lower back disability are being remanded for further review.

The Board has granted a 10 percent rating for the Veteran's left eye scar from February 28, 2012. The appeal is denied for ratings in excess of 10 percent.

The Board has remanded several issues related to the Veteran's service connection claims, including effective date determinations and rating decisions. The TDIU issue is also being remanded as it is inextricably intertwined with other claims.

The Veteran's service-connected disabilities, including PTSD, tinnitus, and hearing loss, rendered him unable to secure or follow substantially gainful employment prior to January 1, 2012.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to September 16, 2019. As a result, the claim for TDIU is granted.

The Veteran's right leg fracture is rated at a 30 percent rating prior to February 12, 2022. From that date, the rating has been increased to 30 percent.

The Veteran's service-connected disabilities, including an acquired psychiatric disorder, lumbosacral degenerative joint disease, tinnitus, right elbow degenerative joint disease, and others, prevent him from securing or following substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU) effective August 13, 2021.

The Veteran's appeal involves multiple issues related to his service-connected knee disabilities, including evaluations and compensation for total arthroplasty of the left and right knees, as well as meniscal tears. The Board has determined that additional development is needed in order to properly address these claims.,The Veteran was previously granted certain ratings for his knee conditions but now seeks further evaluation or compensation based on ongoing symptoms and functional limitations.

The Board dismissed the appeals for earlier effective dates for service connection of a left knee disability, pseudofolliculitis barbae, and left knee scars. The claim for an acquired psychiatric disability was reopened based on new evidence but denied as there is no clear and unmistakable aggravation by military service.

The Board has remanded the claims for service connection and rating of scars due to additional procedural development being required. The AOJ is instructed to issue a Supplemental Statement of the Case addressing all evidence received since the March 2022 SSOC.

The Board has granted a separate rating of 10 percent for the Veteran's service-connected residual mouth scar, finding that it is painful and meets the criteria under Diagnostic Code 7804.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his left knee disorder, cervical spine disorder, and scar above right eye. The issues have been returned to the RO for further evaluation.

The Veteran's claim for a disability rating in excess of 10 percent for his service-connected left eye corneal scar was denied. The Board found that the Veteran did not have any incapacitating episodes or visual field impairment, and thus could not meet the criteria for a higher rating under the revised VA Schedule for Rating Disabilities. The right eye disability claim is remanded due to incomplete etiology opinion.

The Veteran's appeals for service connection for left foot hallux valgus, right foot hallux valgus, and right foot hallux valgus scar have been dismissed as moot because the issues were resolved by a grant of service connection in January 2022. The appeal for temporary total disability due to convalescence following surgery on right foot hallux valgus has also been dismissed.

The Veteran's service-connected disabilities, when considered together, render him unable to maintain gainful employment.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to March 31, 2006.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that the evidence did not show he was completely unemployable.

The Veteran's diabetes mellitus type II has been rated at 20 percent, but the Board found that a higher rating is not warranted due to lack of use of insulin and regulation of activities.,The Veteran's left carotid endarterectomy scar was rated as 0 percent disabling throughout the appeal period.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations.,A total disability based upon individual unemployability is also being remanded.

The Veteran's appeal is being remanded due to the need for a VA examination regarding his service-connected abdominal scars and painful scar, as well as obtaining updated VA treatment records. The issues of entitlement to a compensable rating for abdominal scars and an initial rating in excess of 10 percent for painful scar are also being remanded.