Scars decisions — 2023

The Veteran's service-connected disabilities have been granted, including a total disability rating based on individual unemployability due to his service-connected conditions. The initial compensable ratings for bilateral hearing loss and residual scar associated with right knee disability were denied.

The Board has found that additional development is needed to properly rate the Veteran's service-connected femur fracture fixation with intramedullary rod and screws, limitation of extension of the right thigh, and limitation of flexion of the right thigh. The issues of entitlement to higher disability evaluations for painful scar of the right lower extremity and scarring of right thigh and right knee, an earlier effective date for the grant of service connection for painful scar of the right lower extremity, and a TDIU are also remanded.

The Board has remanded the Veteran's claims for further development and consideration, including obtaining additional medical examinations to assess his back and right knee disabilities due to limitations caused by Parkinson's disease.

The Veteran's left wrist and right fourth finger scars were granted initial disability ratings of 10 percent each, effective as of the date of the decision.

The Board has decided that the Veteran's right knee scars do not warrant a compensable rating. The left knee disorder claim is remanded for further examination and opinion.

The Veteran's right foot scar and right foot disability have been granted ratings, with the right foot scar receiving a 10% rating and the right foot disability receiving a 30% rating.,Effective dates for both the right foot scar and right foot disability are set at March 31, 2015.

The Veteran's appeal is remanded for additional clarification and consideration of his heart disability claim. The Board also grants an initial rating of 10 percent, but no higher, for lumbar spine surgical scar from March 1, 2016 to January 22, 2017.

The Veteran's right total knee replacement with advanced osteoarthritis is rated at 60 percent for the period from April 1, 2019, to August 14, 2022. The appeal for a higher rating in excess of 60 percent for this condition is denied. A compensable disability rating (10%) is granted for his scar, status post total knee replacement associated with right total knee replacement with advanced osteoarthritis.

The Board has reopened the Veteran's claims for service connection for lumbar spine and cervical spine conditions, but has remanded these issues due to insufficient evidence. The claim for service connection for a scalp scar is also remanded.

The Veteran's TDIU claim for the period prior to July 31, 2015 was denied as her service-connected disabilities did not meet the schedular threshold percentage requirements for consideration of a TDIU.

The Veteran requested to withdraw his appeal for an initial compensable rating for right ankle scars, leading to the dismissal of this case.

The Board has determined that additional development is needed for the issues of entitlement to initial compensable evaluations for residuals of a left upper lobe lobectomy and a residual surgical scar from January 22, 2013, to June 9, 2014. The case will be returned to the Board for further review.

The Board has determined that a new VA examination is needed to assess the Veteran's need for aid and attendance due to his service-connected disabilities, as it has been over five years since the last examination.

The Board has remanded several issues for further development, including service connection for an eye disability and increased ratings for right knee instability. The reduction in left knee instability rating from 10 to 0 percent was found improper.

The Board denied service connection for COPD, Parkinson's disease, lung condition (claimed as lung scarring due to cancer and emphysema), schizophrenia, right foot condition, and left foot condition. The Veteran was not provided with a VA medical opinion regarding his fingers.,Service connection was denied because the evidence did not establish that any of these conditions were related to service.

The Board has granted a total disability rating based on individual unemployability (TDIU) from October 1, 2013, to March 1, 2017, due to the Veteran's service-connected disabilities preventing him from working in a physical capacity.

The Veteran was granted TDIU and SMC based on aid and attendance due to his service-connected disabilities.,Service connection for tinnitus was denied as the evidence did not support a link between the condition and active duty.

The Veteran's right knee rating was restored from September 21, 2020. The other issues were remanded for further evaluation.

The Veteran's service-connected disabilities, including Major Depressive Disorder and bilateral hearing loss disability, have precluded him from securing or following substantially gainful employment since March 1, 2013. The Board has granted a TDIU effective from that date.

The Board has granted earlier effective dates for the awards of service connection for bilateral hearing loss, tinnitus, and acne (with scarring) based on clear and unmistakable error in previous rating decisions.