Scars decisions — 2023

The Board has remanded the cases for further development due to incomplete information and need for additional medical opinions.

The Veteran's claim for service connection for a liver disorder, secondary to her service-connected cholelithiasis status post cholecystectomy and scars, is denied.,The Veteran's claim for service connection for irritable bowel syndrome, secondary to her service-connected cholelithiasis status post cholecystectomy and scars, is remanded.

The Veteran's exploratory laparoscopy with appendectomy, hemorrhoids, deep non-linear scarring residuals of abdominal surgery, and superficial non-linear scarring residuals of abdominal surgery have been granted initial compensable disability ratings. Service connection for a right shoulder disorder has also been granted.

The Veteran's claim for service connection for memory loss is denied as there is no separate and distinct condition found prior to January 10, 2022. From that date onward, the evidence does not support a finding of direct service connection.,The Veteran's TDIU claim prior to January 18, 2012 was denied because his combined disability rating did not meet the schedular requirements for TDIU.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to October 24, 2017.

The Veteran's TDIU claim prior to May 14, 2016 is denied as there was no factually ascertainable date within one year prior to the May 14, 2016, claim that indicated his service-connected disabilities prevented him from maintaining substantially gainful employment. The DIC benefits claim under 38 U.S.C. § 1318 is also denied because the Veteran did not meet the criteria for continuous total disability rating of at least five years prior to death.

The Veteran's claim for a rating in excess of 10 percent for his scar, status-post right inguinal hernia surgery is denied. The evidence does not support a higher rating due to the presence of an unstable or painful scar.

The Veteran's service-connected disabilities, including PTSD and bilateral knee disorders, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's total disability rating based on individual unemployability (TDIU) claim is granted due to the combined disability rating of his service-connected conditions meeting the schedular requirements.

The Board has reopened the previously denied claim of service connection for right shoulder acromioclavicular joint osteoarthritis and granted it. The effective date is fixed in accordance with the facts found, but shall not be earlier than the date of receipt of an application therefor.

The Board denied compensation under 38 U.S.C. § 1151 for left complex regional pain syndrome, left arm numbness and pain, and a scar of the left wrist as a result of VA care involving these conditions.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including higher ratings for parotidectomy residuals and scar, a more than 50 percent rating for OSA, and TDIU. Additional development is needed to clarify medical opinions regarding the severity of these conditions.

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

TDIU was denied for the period from August 28, 2017 to December 1, 2020 due to the Veteran's ability to secure and follow a substantially gainful occupation.,TDIU was granted beginning on December 1, 2020 as the Veteran is unable to secure or follow a substantially gainful occupation due to PTSD alone.,Special monthly compensation at the housebound rate was granted starting from December 1, 2020.

The Board has remanded the case due to inadequate examination findings regarding the Veteran's left wrist ganglion cyst and her contentions of temporary paralysis.

The Veteran's appeals for service connection and initial ratings for various conditions have been dismissed due to his withdrawal of the appeals.

The Veteran's service-connected disabilities do not render him unemployable, and the Board denies entitlement to a TDIU on both schedular and extraschedular grounds.

The Veteran's appeal is remanded for further evaluation of his left arm shrapnel wound scar. The Board finds that the Veteran does not meet the criteria for a compensable rating for his painful and unstable scars of anterior chest, shoulder, and penis, as there are no five or more scars that are both painful and unstable. His left lower extremity scars have been resolved to be noncompensable.

The Board has remanded the Veteran's claims for additional development to obtain updated medical records and a new VA examination to assess the severity of his service-connected facial scars.

The Veteran's initial claim for an increased evaluation of his service-connected right knee scar was denied as the scar did not meet the criteria for a higher rating under Diagnostic Code 7805.,The Board found that the Veteran's right hip and left knee conditions are related to his service-connected right knee condition, but remanded for additional opinions on whether these conditions are aggravated by his service-connected disabilities.