Scars decisions — 2023

The Veteran's TDIU claim was denied as his service-connected disabilities did not render him unemployable, despite his reported difficulties with employment.

The Veteran withdrew his appeals for the ratings and service connection issues related to his ankle, foot, wrist, and left foot conditions.

The Veteran's appeal is remanded for further development regarding his ratings for right knee disability and non-cancerous fatty tumors with residual scars and dermatophytosis.

The Board has remanded the case due to duty to assist errors, specifically regarding missing medical records from a private provider. The Veteran's service-connected disabilities are noted as affecting his ability to secure or follow substantially gainful employment prior to December 3, 2012.

The Board has dismissed the Veteran's claims for initial compensable ratings for left infrascapular and posterior axillary region scars, increased ratings for diabetes mellitus type II, peripheral neuropathies, and ischemic heart disease, as well as an earlier effective date for service connection.

The Veteran's service-connected disabilities do not preclude her from obtaining or maintaining substantially gainful employment, and the Board denies entitlement to a total disability rating based on individual unemployability.

The Board has remanded the TDIU claim for referral to the VA Director of Compensation Service for consideration under 38 C.F.R. § 4.16(b) from September 3, 2015 due to evidence suggesting the service-connected disabilities may have rendered the Veteran unable to follow a substantially gainful occupation.

The Veteran's peripheral neuropathy of the left lower extremity is granted as secondary to his service-connected lumbosacral strain. The extension of a temporary total rating for lumbar spine surgery convalescence past August 1, 2012, is denied. Service connection for erectile dysfunction and obstructive sleep apnea are remanded due to lack of medical opinions. Service connection for unspecified arthritis (distinct from service-connected lumbar spine disability) is also remanded. The Veteran's residuals of a nasal fracture, adjustment disorder with depressed mood, lumbar strain, and lumbar spine scar are all remanded.

The Veteran's service-connected disabilities, including major depressive disorder and multiple orthopedic conditions, render him unable to secure or follow substantially gainful employment. The Board finds that he meets the requirements for a TDIU based on his combined disability ratings.

The Board has remanded the Veteran's claims for increased ratings for her right knee disability and post-operative right knee scar due to a lack of compliance with VA examination requirements.

The Board has decided to remand the Veteran's claims for Osgood-Schlatter's disease and left knee scar as they require new examinations due to outdated medical records and changes in rating criteria.

The Veteran's service-connected herniated disc disease, L4-L5, with adjacent level disease at L3-L4 status post laminectomy and fusion L3-L5, right lower extremity radiculopathy, left lower extremity radiculopathy, surgical scars of the lumbar spine, bilateral knee disabilities are all remanded for further evaluation.,The Veteran's service-connected major depressive disorder, recurrent episode, moderate, with generalized anxiety disorder is also remanded for further evaluation.

The Board has remanded the case for a new VA examination to determine the nature and etiology of the Veteran's skin disability, specifically eczema. The Veteran is seeking service connection for this condition.

The Veteran's claim for increased ratings for his service-connected left upper thigh puncture wound scar was denied. The Board found that the evidence did not support a compensable rating prior to March 29, 2018, and in excess of 10 percent from March 29, 2018, forward.

The Veteran's claims for higher ratings for his service-connected hand disabilities have been denied. The highest schedular rating available has already been assigned.

The Veteran's initial compensable rating for scar from gallbladder surgery was denied.,Service connection for bilateral hearing loss and sleep apnea, as well as allergic rhinitis (claimed as sinusitis), were remanded due to the need for updated VA examinations and opinions.

The Board has remanded the claims for additional development due to lack of substantial compliance with previous directives. Service connection is granted for a left eye area scar, but the low back and left lower extremity nerve disabilities remain in dispute.

The claims of entitlement to service connection for left wrist and right wrist disorders have been dismissed as the Veteran's service-connected conditions were granted.,A rating in excess of 30 percent prior to April 25, 2017, for bronchial asthma, and in excess of 50 percent from April 25, 2017, for sleep apnea with bronchial asthma has been remanded.

The Veteran's scar disability was granted a 10 percent rating, effective October 19, 2022.,A higher rating for skin disability and ulcer disability is denied.

The Veteran's appeal includes issues related to his residual scars due to MRSA, including ratings for scars on the back, face, neck and scalp, as well as a rating for scars on the right lower extremity. The Board has remanded these matters for further development.