Scars decisions — 2023

The Board denied the Veteran's claim for a TDIU on an extraschedular basis prior to January 27, 2021, finding that his service-connected disabilities did not render him unable to secure and follow substantially gainful employment.

The Veteran's appeal involves multiple surgical procedures and their potential impact on his conditions. The Board has ordered a remand to obtain Social Security Administration disability benefits records, as the record shows SSA disability benefits but there is no evidence of such in the VA file.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected disability, finding that her condition does not require such assistance.

The Veteran's claim for service connection for bilateral hearing loss is denied. The claims for initial ratings for right ankle strain, left ankle tendonitis, and lumbosacral strain (IVDS) are granted with specific disability ratings. The claim for a compensable rating for the service-connected left ankle scar is denied. The claims for initial ratings for right and left lower extremity radiculopathy of the femoral nerves remain pending.

The Board has remanded the case due to errors in previous decisions and new evidence submitted by the Veteran. The claims for compensation for additional disability due to allegedly negligent VA surgical treatment, TDIU rating, and abdominal scarring are being reviewed.

The Veteran's claims for bilateral hearing loss and tinnitus have been denied as there is no current diagnosis of bilateral hearing loss.,The Veteran's claim for an increased rating for her service-connected radiculopathy, right sciatic nerve, left sciatic nerve, hemorrhoids, degenerative arthritis of the right knee, cervical spine degenerative arthritis, kidney stones, lip numbness, and gastrointestinal disorders have been remanded.

The Veteran's service-connected pseudofolliculitis barbae (PFB) with scarring is currently rated at 60 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's appeals for increased ratings were denied as she failed to report for scheduled VA examinations, resulting in the claims being decided based on the evidence of record.

The Veteran's claim for service connection for sleep apnea has been remanded due to the submission of new and material evidence. The right total knee replacement rating is also being remanded.,The Board finds that higher ratings are not warranted for the Veteran's bilateral knee scars.

The Board denied the Veteran's claim for an initial rating in excess of 20 percent for painful scarring, residuals of discectomy and fusion laminectomy, finding that the evidence did not show five or more painful and/or unstable scars.

Service connection for PTSD was denied as the Veteran does not have a current diagnosis of PTSD.,The rating in excess of 10 percent for painful right shoulder surgical scar and separate compensable rating for a right shoulder surgical scar were both denied due to lack of evidence supporting higher ratings.

The Board has remanded the cases due to incomplete or inadequate medical opinions, and for additional development related to substitution requests and records.

The Board has remanded the claims for service connection for acne with scarring and OSA due to insufficient medical opinions regarding aggravation of the conditions during service.

The Board has remanded the case to obtain updated VA treatment records and conduct an examination for untouched color photographs of the Veteran's service-connected scar, status-post removal of sebaceous cyst.

The Board has found that the AOJ did not substantially comply with prior remand directives and requires addendum opinions regarding whether the Veteran's substance abuse disorder is at least as likely as not aggravated by a service-connected disability.

The Veteran's service-connected scar, post pilonidal cystectomy and right knee osteoarthritis are being remanded for new VA examinations to determine the current severity of her conditions.

The Board has remanded the claims for hernia, surgical scar associated with a hernia repair, left knee condition, and bilateral hand condition due to incomplete VA examinations. The Veteran's service treatment records and lay statements are considered in determining whether her conditions are related to service.

The Veteran's service-connected disabilities, including sleep apnea, bilateral hearing loss/tinnitus, skin cancer, scars, and headaches, have prevented him from obtaining or maintaining gainful employment for the entire period on appeal. The Board has granted TDIU based on these conditions.

The Veteran's service-connected residual scarring from a laceration to the left foot does not meet the criteria for an increased rating, as it does not manifest deep, painful, or unstable scar.

The Veteran's shell fragment wounds in the lumbar spine area are rated at 40 percent, effective August 17, 2010. The scars are rated at 10 percent.,The Veteran's claims for service connection for chronic fatigue syndrome and bilateral hearing loss have been remanded.