Scars decisions — 2024

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining employment consistent with his occupational and vocational experience, leading to a TDIU grant.

The Veteran's service-connected disabilities, including ADHD, lumbosacral strain with degenerative arthritis, tinnitus, right knee osteoarthritis, left knee osteoarthritis, scar, and left ear hearing loss, collectively precluded him from obtaining and maintaining substantially gainful employment. The Board granted a TDIU based on the combined effects of these disabilities.

The Veteran's appeal is remanded due to errors in the rating and service connection determinations for his hearing loss disabilities, shoulder pain, and arthritis. The issues of right ear hearing loss disability, bilateral shoulder pain (right), and residual of pain status-post right rotator cuff tear repair are being addressed.

The Veteran's service-connected disabilities, including PTSD with TBI and multiple musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU rating effective July 18, 2019. Service connection for esophageal cancer is remanded due to the PACT Act's expansion of presumptive conditions.

The Board has dismissed the claim for a TDIU from July 19, 2023 due to the grant of a combined 100 percent rating and special monthly compensation (SMC) under 38 U.S.C. § 1114(s). The appeal for a TDIU prior to July 19, 2023 is remanded as it may be eligible for extraschedular consideration.

The Veteran is unable to secure and maintain a substantially gainful occupation due to his service-connected disabilities, which include bilateral pes planus, right knee strain, left achilles tendon rupture, painful scar associated with left achilles tendon rupture repair, and left foot surgical scar. The Board has granted the TDIU based on these conditions.

The Board has determined that the Veteran's claims for earlier effective dates are dismissed as freestanding claims, and the increased rating claims have been remanded due to new evidence of worsening conditions.

PTSD and the status post-left pneumothorax x two with pleuritic chest wall pain secondary to pleurodesis and thoracotomy have been granted initial ratings of 70 percent each. The left chest tube and thoracotomy scars, residuals of left pneumothorax, are also granted a rating not exceeding 10 percent.

The Veteran's scar disability is granted a rating of 10 percent, but no greater.,The Veteran's residuals of right inguinal hernia repair are granted a compensable rating.

The Veteran's appeal for a compensable rating prior to November 19, 2020, and a rating in excess of 30 percent thereafter for pseudofolliculitis barbae with scarring (skin disability) has been previously adjudicated by the Board.

The Board denied service connection for bowel incontinence and a compensable rating for lumbar scar, but granted restoration of the Veteran's 20 percent disability rating for his lumbosacral strain.

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 service-connected conditions did not render him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities do not meet the eligibility criteria for financial assistance in purchasing an automobile or adaptive equipment, as they do not result in physical loss of use of hands or feet, severe burn injury, vision impairment, or ALS.

The Veteran's claims for service connection for residuals of a right eye burn, dry eye syndrome, and acne have been denied. The claim for an effective date prior to April 2, 2016 for the grant of service connection for left pinky disability has also been denied. The Board is remanding claims for PFB, chin area lesion with scar, and a right knee disorder.

The Veteran's appeal for a rating in excess of 30 percent for CKD stage 3A is denied, and the case is remanded for further evaluation regarding his residual scars status-post partial nephrectomy.

The Veteran's facial scarring disability is rated at a 30 percent rating since February 12, 2015.,Effective from September 28, 2017, the Veteran has service connection for residuals of basal cell carcinoma (scarring) of the right lower extremity.,Effective from July 6, 2017, the Veteran has service connection for residuals of basal cell carcinoma (scarring) of the left lower extremity.,Effective from March 19, 2014, the Veteran has service connection for residuals of basal cell carcinoma (scarring) of the posterior trunk.,Effective from March 19, 2014, the Veteran has service connection for residuals of basal cell carcinoma (scarring without underlying tissue damage) of the right upper extremity.,Effective from March 12, 2014, the Veteran has service connection for residuals of basal cell carcinoma (scarring without underlying tissue damage) of the left upper extremity.

The Veteran's claim for an earlier effective date for the grant of service connection for a painful scar, status post liver transplant, is denied as it is not factually ascertainable that the scar was painful prior to the October 2020 VA examination.

The Veteran's claims for increased ratings for his service-connected right ear vestibular disorder, disfigurement associated with a right tragus scar, and painful right tragus scar are being remanded due to the need for additional development and clarification of medical opinions.

The Board has dismissed the appeals regarding increased ratings for left ear scarring and facial nerve paralysis, as well as the earlier effective date for tinnitus. The Veteran's representative did not wish to opt into the modernized review system (AMA).