Scars decisions — 2023

The Veteran's TDIU claim is granted prior to November 26, 2021. From that date, the Veteran's PTSD/MDD alone qualifies for a grant of TDIU and SMC based on housebound status.

The Veteran's service-connected disabilities render him unable to secure and maintain substantially gainful employment, resulting in a grant of TDIU. Additionally, his need for regular aid and attendance due to his service-connected disabilities has been established, leading to a grant of SMC.

The Veteran's TDIU claim was denied as his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations related to his abdominal scars, muscle weakness, and nutritional deficiencies. The issues of rating in excess of 10 percent for residual scars status post appendectomy and bowel obstruction surgery, compensable rating for these scars beginning August 22, 2022, and TDIU are being remanded.

The Board has remanded the Veteran's claims for service connection and initial ratings for psoriasis, dry eye syndrome, and scars of the abdomen and lumbar spine due to a lack of medical opinions regarding the etiology of his heart disability. The Veteran is also requested to provide VA Form 21-4142s for any private treatment records.

The Board has granted service connection for PFB neck scarring and remanded the issue of a compensable disability rating for the Veteran's service-connected PFB.

The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's claimed disabilities, finding that there was no evidence of carelessness, negligence, or lack of proper skill on the part of VA in providing the medical treatment.

The Board denied the Veteran's claim for service connection for eye disorder(s) due to service or service-connected migraine headaches, finding no causal relationship between the current disability and the in-service disease or injury.

The Veteran's claims for increased ratings and service connection were denied. The lumbar strain rating was granted at 40 percent prior to February 26, 2018, but not higher. The shin splints of the left leg rating was denied. Other conditions like bilateral hearing loss, carpal tunnel syndrome, scars, and cellulitis also had their claims denied.

The Board has remanded the case due to deficiencies in the medical opinion provided regarding the Veteran's service-connected TBI. The examiner was asked to provide opinions on the nature and severity of the TBI prior to the Veteran's passing, including whether each identified symptom is at least as likely as not a residual of the TBI.

The Board has determined that procedural errors occurred when the Veteran's appeal was placed in the AMA system, and it is being remanded to be re-docketed under the Legacy framework.

The Veteran's appeal for service connection and evaluations related to his respiratory conditions, including histoplasmosis, pneumothorax, and scars from surgery, is being remanded due to procedural issues.

The Veteran's headaches are granted service connection. The right shoulder disability ratings for limitation of motion and DJD status post dislocation and SLAP tear remain unchanged, but the rating for painful scars is increased to 20 percent from March 3, 2017 to February 19, 2019.

The Board has determined that the VA medical opinions provided do not comply with the remand instructions and thus, the claims for service connection are being remanded again.

The Veteran's appeal for a compensable evaluation for his left and right chin scars, which are residuals of shell fragment wounds, is being remanded due to procedural issues in the modernized review system. The case will be returned to the RO to issue an SOC addressing this claim.

The Board has determined that the Veteran's left wrist scar is not related to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for additional VA treatment records to be reviewed by the AOJ before a final decision can be made on his claim of a higher rating for recurrent peptic ulcer disease with scarring of duodenal bulb and pyloric stenosis.

The Board has granted service connection for tinnitus, but the cases of bilateral hearing loss, diabetes mellitus, and SJS with scars are remanded due to outstanding records and need for additional medical opinions.

The Veteran's PTSD is denied a rating in excess of 50 percent. Ratings for left and right knee conditions are granted, but not in excess of the current assigned ratings. Service connection is established for headaches, residuals from carpal tunnel release on the right wrist, and right wrist scar.

The Board has remanded several claims for additional development, including obtaining updated VA treatment records and attempting to obtain any outstanding private medical records. The Veteran's service-connected conditions include PTSD, cervical spine strain with degenerative arthritis, lumbar strain with intervertebral disc syndrome, left lower extremity radiculopathy, laparoscopic cholecystectomy with gastroesophageal reflux disease (GERD), and residual scars from the procedure.