Scars decisions — 2023

The Board has remanded the cases for further development due to inconsistencies in medical opinions regarding the Veteran's right knee disability, carpal tunnel syndrome of the bilateral wrist, and right ring finger. The VA is required to provide a new examination and obtain nexus opinions.

The Veteran's pilonidal cyst and scar have been rated, but no higher ratings are warranted based on the current evidence. The Board found that the Veteran's conditions did not meet criteria for a rating higher than 10 percent for the pilonidal cyst or any compensable rating for the scar.

The Board has determined that the Veteran's claims for increased ratings remain before it and have been remanded due to the need for additional medical evidence and examinations.

The Board has dismissed all issues of appeal due to the appellant's withdrawal.

The Board has remanded the claims for further development due to a failure to obtain records from the Social Security Administration (SSA). The Veteran's correct SSA number was not used in the initial request, and the AOJ is instructed to make another request using the correct number.

The Board has remanded the case for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The Veteran's claim for a TDIU is being referred to the Director of Compensation Service for consideration on an extraschedular basis.

The Veteran's appeals of the ratings assigned for his service-connected lumbar spine and left ankle disabilities, as well as associated neurological impairment, have been granted with effective dates of February 1, 2015. The Veteran's appeal of the initial rating assigned for his GERD with small intestine blockage and hiatal hernia has also been granted.

The Veteran's service-connected disabilities, including painful scars of the bilateral foot and hallux valgus with osteoarthritis, have rendered her unable to secure or maintain substantially gainful employment. The Board has determined that the evidence is in equipoise as to whether these conditions preclude her from obtaining or maintaining such employment.

The Board has decided to remand the case due to the need for a new examination considering the Veteran's claim of constant pain in his right elbow scar.

The Veteran's initial and increased ratings for right knee scars, right knee disability (including flexion, extension, abduction, adduction), and right hip disability have been granted. The maximum schedular rating of 60 percent has been assigned for the right knee disability post total knee replacement (TKR). A separate compensable rating for shortening of the right lower extremity due to TKR is denied. An increased rating higher than 10 percent for the right hip disability is also denied.

The Veteran's appeal for service connection for various conditions, including stroke disorder, acquired psychiatric disorder, speech disorder, left arm disability (including forearm disability), and left shoulder disability is being remanded due to the need for additional medical records and opinions.,The Veteran's claim for service connection for a left arm scar is also being remanded.

The Veteran's left third toe disorder is not service-connected as it did not have its onset during his period of honorable service and is not etiologically related to his period of honorable service.,Bilateral pes planus was aggravated by service, but the extent of aggravation beyond its natural progression is unclear due to conflicting opinions from VA examiners.

The Veteran withdrew his appeals regarding increased ratings for chest surgery scars and hypertension, as well as service connection claims for right and left ankle disabilities.

The Veteran's scar, residual of TBI, did not meet the criteria for a compensable rating due to lack of characteristics of disfigurement. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) has been raised and is being remanded for further review.

The Board has dismissed the appeals for a compensable rating for scar of the left little finger, service connection for diabetes mellitus, type II, and new and material evidence for an acquired psychiatric disorder (claimed as schizophrenia) due to the Veteran's death.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development of his medical records and examinations.

The Veteran's claim for a compensable rating for his scar of the mid low back is denied.,The Veteran's claims for service connection for migraine and tension headaches, degenerative disc disease of the cervical spine, sciatic radiculopathy of the left leg, sciatic radiculopathy of the right leg, finger joint pain, left knee condition, and right knee condition are remanded.

The Veteran's initial rating for CAD prior to May 23, 2014 is denied. A higher rating for CAD from May 23, 2014 to September 3, 2019 is also denied. An initial 10 percent rating is granted for a right leg scar. The Veteran's TDIU claim is granted effective September 28, 2012, but the Board remanded the issue of whether he should have received a TDIU prior to that date.

The Board denied an earlier effective date for service connection of bilateral hearing loss and CAD, as the claims were not filed within one year of receipt of incomplete forms.,An earlier effective date of April 9, 2011 was granted for service connection of CAD due to its inclusion in a list of diseases presumptively associated with herbicide exposure. The Veteran's claim for service connection for surgical scarring related to CAD was also granted on the same date.

The Veteran's appeal for service connection for alcoholism was dismissed. The Board also remanded several other issues, including PTSD with depressive disorder, surgical scars of the right ankle, status post fracture of right ankle with ORIF, tendonitis of the left knee, actinic keratosis, and sleep apnea.