Scars decisions — 2023

The Board denied the Veteran's claim for an initial compensable rating for linear scars, status post bilateral breast reduction surgery, finding that the evidence did not meet the criteria for a compensable rating under DCs 7801 and 7802.

The Veteran's service connection claim for a left hip disability has been reopened, and the rating reductions from 20 percent to 10 percent effective August 1, 2017 for right and left lower extremity radiculopathy were found improper. The 20 percent ratings are restored.,The Veteran's TDIU claim is granted, subject to further development on remand issues.

The Veteran's service-connected disabilities, including sinusitis, facial scar, and multiple fractures of the mandible with loss of teeth, rendered him unable to secure or follow substantially gainful employment prior to February 22, 2017.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151, finding that VA did not cause his additional disability and there was no evidence of negligence or fault on VA's part.

Your claim for service connection for a left pinky finger disability has been fully granted, and the AOJ has already provided you with the necessary benefits. The appeal is dismissed as moot.

The Veteran's appeal for service connection for post-appendectomy/post-Cesarean section scar and cervical cancerous cells of the cervix is being remanded due to incomplete development.,The appeals for residuals of an inservice Caesarian-section surgery, post-service hysterectomy, left foot/ankle sprain, disabilities of the right arm, cervical spine, chest wall muscles and back muscles, left shoulder, left arm, and left hand are also being remanded due to incomplete development.,The appeal for increased disability ratings for impairment of the right thumb and hand is being remanded due to incomplete development.

The Veteran's right hand scar is not more than six square inches in combined total area and does not meet the criteria for a compensable rating.,VA has not provided an opinion regarding whether the Veteran's congenital hypertrophy of the retinal pigment epithelium was aggravated during service. The Veteran's current right eye condition remains unclear.

The Board has denied an increased rating for total left hip replacement and remanded the TDIU claim due to lack of compliance with VA examination scheduling requirements.

The Board has remanded the claims for increased ratings for back and left knee disabilities due to new evidence suggesting a worsening of symptoms since previous examinations.

The Board has decided to remand the Veteran's claims for service connection due to inadequate VA examinations and failure to address all theories of entitlement. The claims are being returned for further development.

The Veteran's appeals for increased ratings for his bilateral knee disorders, low back disorder, and scars have been remanded due to substantial worsening of symptoms. Additional examinations are needed to determine the current extent and severity of these disabilities.

The Board has remanded the claims for service connection due to insufficient information provided by a VA examiner regarding the etiology of the Veteran's skin cancers. The AOJ is instructed to obtain a new opinion from a dermatologist addressing the relationship between the Veteran's in-service sun exposure and his skin cancer, as well as any contribution from herbicide exposure.

The Board has remanded several issues for additional development, including the rating of ED/impotence and peripheral neuropathy in both lower extremities. The claim for a higher rating for residual scars is also being remanded.

The Veteran's claims for increased ratings for his service-connected right knee disability and surgical scars are being remanded due to the need for a DRO hearing.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) prior to November 5, 2008 due to his service-connected umbilical hernia and left and right herniorrhaphy scars preventing him from securing or following substantially gainful employment.

The Veteran was granted a TDIU from December 1, 2007 to January 10, 2012 for the purposes of accrued benefits. The claim for TDIU prior to August 30, 2005 on an extraschedular basis was denied.

The Board has remanded the Veteran's claims due to a lack of recent Fort Bragg medical records and for additional VA examinations.

The Board denied service connection for a low back disability, left ankle disability, scars (left ankle), and tinnitus as the evidence did not establish that these conditions began during active service or were otherwise related to an in-service injury, event, or disease.,While the Veteran reported symptoms of each condition since service, the medical records do not support a nexus between his current diagnoses and service.

The Veteran's tinnitus is currently rated at 10 percent, which is the maximum rating available under VA regulations. The Veteran's surgical scars of the left knee are not manifest by an area or areas of 144 square inches (929 sq. cm.) or greater and do not result in any disabling effects.,The Veteran's psychiatric disorder, other than persistent somatic symptom disorder with predominant pain, is secondary to his service-connected residuals, left knee strain. The issue has been remanded for further development.

The Veteran's claims for a compensable evaluation for a scar of the left elbow, service connection for bilateral pes planus, and service connection for his knee disabilities are being remanded due to lack of substantial compliance with prior Board instructions. The case will be returned to the AOJ for further development.