Scars decisions — 2023

The Veteran's claim for an initial evaluation in excess of 30 percent for hysterectomy prior to June 3, 2019 is denied. Beginning June 3, 2019, the Veteran is granted a rating of 50 percent for her service-connected hysterectomy. The claim for TDIU is also denied.

The Veteran's claims for increased evaluations of his service-connected scars are remanded due to the need for additional VA examinations and opinions.

The Board has remanded the case due to a need for additional medical examination and review of the Veteran's work history. The issue of entitlement to a TDIU prior to November 7, 2016 is now pending.

The appeal for service connection for a deviated septum has been dismissed. The claims for low back disability, obstructive sleep apnea (OSA), sinusitis, GERD, narcolepsy with cataplexy, eczema, and PFB scars have all been reopened due to new evidence received since the final rating decisions.

The Veteran's claims for a nontender scar of the right buttocks, fibromyalgia/chronic pain syndrome, left hip disability, and bilateral leg disabilities have all been denied.,An earlier effective date prior to August 29, 2014, for service connection of the nontender scar of the right buttocks has also been denied.

The Board denied the Veteran's claims for increased ratings for his service-connected scars and CAD, finding that the evidence did not support higher disability ratings under applicable diagnostic codes.

The Board has found that additional development is needed for the issues on appeal, including obtaining relevant records from SSA and VA. The case will be returned to the Board after compliance with these procedures.

The Veteran's claims for PTSD, left ear hearing loss, left elbow condition, right elbow condition, left knee condition, and bilateral pes planus have been reopened. The appeal regarding TDIU is dismissed. The appeals for service connection are remanded due to new and material evidence having been submitted.

The Board has denied the Veteran's claim for TDIU as his service-connected disabilities do not meet the schedular criteria and there is insufficient evidence to substantiate a reasonable possibility that he was unemployable due to these conditions. The decision also notes that the Veteran does not have any physical limitations preventing him from working.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not prevent him from securing and following substantially gainful employment.

The Veteran's claims for a compensable rating for hysterectomy scar, service connection for left knee disorder, bilateral plantar fasciitis, right shin splints, and left shin splints have been remanded due to the submission of new VA treatment records. The AOJ will review these records and issue a Supplemental Statement of the Case (SSOC).

The Veteran's claims for PTSD, a right leg disorder, and right leg scars are being remanded due to the need for additional VA examinations to assess current severity.

The Veteran's service-connected left lumbar flank scar is granted a 10% disability rating, effective prior to November 22, 2022.

The Veteran's right inguinal hernia was not found to meet the criteria for a disability rating in excess of 10 percent.,The Veteran's scars on his right 5th metacarpal and right inguinal area were also not found to warrant a compensable disability rating.

The Board denied the Veteran's claim for special monthly compensation based on aid and attendance due to his service-connected disabilities, finding that they do not make him unable to perform daily functions or require regular assistance.

The Board denied service connection for a keloid scar of the right neck, bilateral hearing loss, and tinnitus. The Veteran's pre-existing conditions were not aggravated by service.,Service connection was also denied for bilateral hearing loss and tinnitus due to exposure to acoustic trauma during service.

The Veteran's claims for increased ratings and service connection were denied. The scar of the left great toe was not rated compensably, while the traumatic degenerative joint disease of the left great toe resulted in a 20 percent rating. Service connection for low back pain secondary to the left great toe condition is remanded.

The Board has denied the Veteran's claims of service connection for erectile dysfunction and psychiatric disability, finding no evidence linking these conditions to his active duty. The claim for acne vulgaris with scarring is remanded due to incomplete compliance with prior remand directives.

The Veteran's service-connected disabilities, including cervical and thoracolumbar spine conditions with associated radiculopathies, bilateral lower extremity radiculopathies, tinnitus, right elbow lateral epicondylitis, right Achilles tendonitis, left and right lower extremity varicose veins, right thumb arthritis, right ear hearing loss, hemangioma of the left scalp, left thigh meralgia paresthetica, right foot metatarsophalangeal arthritis, and right foot scar, are found to be sufficiently severe to render him unable to maintain any form of substantially gainful employment consistent with his education and occupational background. As such, a TDIU is granted.

The Veteran's increased disability ratings for her left wrist carpal tunnel release and painful left wrist scar are remanded due to the need for new VA examinations.