Scars decisions — 2023

The Veteran's claim for service connection on the merits is being remanded due to insufficient evidence.,The Board will gather additional information and evidence to determine if there are any service-connected conditions related to the Veteran's knee disabilities or vision disorder.

The Board has dismissed the appeal for a compensable disability rating for the service-connected left ankle scar due to the death of the appellant.

The Veteran's service-connected PTSD, coronary artery disease, painful scars of the left foot and left shoulder, scar from removal of sebaceous cyst below right eye, bilateral hearing loss, and malaria are being remanded for additional development to determine their current severity.

The Veteran's appeal for service connection of an acquired psychiatric disorder, degenerative arthritis of the left foot first metatarsophalangeal joint (MPJ), and a left foot surgical scar from ostectomy of the left great toe is remanded due to the need for additional evidence. The issues of entitlement to increased disability ratings for bilateral hallux valgus disabilities and TDIU are also remanded.

The Veteran's service-connected disabilities, including bilateral total knee replacements and PTSD, render him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for a TDIU have been met.

The Board has denied the Veteran's claims for service connection for a cervical spine condition and diabetic foot disorder, finding that there is no evidence of an in-service injury or disease related to these conditions.

The Board has granted the Veteran's claim for specially adapted housing and restored his disability ratings for left knee instability and right knee instability. The decision is based on the Veteran's service-connected disabilities that preclude locomotion due to multiple orthopedic and neurological conditions.

The Veteran's service-connected disabilities do not render him unemployable, as he is still working and has provided no evidence of unemployment.

The Veteran's appeal for a separate rating for peroneal nerve disorder associated with post-operative residuals of excision of keratoma and verruca of the left foot is granted. The appeal for a higher rating for residuals of excision of keratoma and verruca of left foot remains denied, as does the appeal for a compensable disability rating for residual scar.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability (TDIU) because of service-connected disabilities prior to March 12, 2008. The evidence did not show that his service-connected conditions prevented him from obtaining and maintaining substantially gainful employment.

The Veteran's appeals for earlier effective dates and increased ratings are being remanded due to the need for additional medical examinations and records.

The Board has remanded the case due to inadequate medical opinions and further examination is required.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to February 3, 2019, finding that he was capable of securing and following substantially gainful employment due to his service-connected disabilities.

The Veteran's non-linear surgical scar and linear surgical scar have been denied as they do not meet the criteria for a compensable rating under applicable VA regulations.,The Veteran's prostate cancer has also been denied, with no compensable rating assigned.

The Veteran's claim for a compensable rating for service-connected residuals of coccidioidomycosis has been denied.,The Veteran's claim for a compensable rating for service-connected scarring due to right latissimus dorsi fibrosarcoma is pending and will be remanded.

The Veteran's dorsal left foot surgical scar is not manifest by any disabling effects not considered under Diagnostic Codes 7800-04.,The Veteran's residuals of Lisfranc fracture of the left foot are currently rated at 10 percent from February 26, 2015 to June 10, 2019 and remanded for further evaluation. The Veteran is also entitled to a disability rating in excess of 10 percent for her residuals of Lisfranc fracture of the left foot from September 30, 2019.

The Veteran's service-connected disabilities have met the percentage requirements for a schedular TDIU as of March 31, 2020. The evidence indicates that these disabilities have prevented him from performing gainful employment since then.

The Veteran's hepatitis C and hair loss claims are remanded due to inadequate medical opinions.,The Veteran's OSA claim is remanded as the examiner failed to consider her prior sleep disturbances.,The Veteran's hypertension claim is remanded because the examiner did not provide a rationale for denying secondary service connection.,The Veteran's gastrointestinal disorder claim is remanded due to insufficient consideration of medical literature cited by the Veteran’s representative.,The Veteran's hearing loss and tinnitus claims are remanded as the examination results were inconsistent and the examiner failed to address relevant medical literature.,The Veteran's dizziness claim is remanded because the examiner did not consider whether her dizziness was a symptom of her service-connected headache disability or a separate disorder.,The Veteran's cervical spine, left hand, bilateral shoulder, hip, knee, and foot disabilities claims are all remanded due to inadequate examination reports that failed to address relevant medical literature and symptoms.

The Veteran's claim for an initial compensable rating for her left thumb scar is being remanded due to the need for a current examination and updated medical records.

The Veteran's appeal is remanded due to the need for additional development, including obtaining SSA records that may be pertinent to his TDIU claim.