Scars decisions — 2024

The Board has decided to remand the case due to inadequate evaluations by VRCs, and a new evaluation is needed to determine if the Veteran has an employment handicap or serious employment handicap.

The Veteran's service-connected disabilities, including PTSD and shrapnel injuries to the left leg, prevented him from securing or following a substantially gainful occupation. The Board granted entitlement to TDIU based on these conditions.

The Veteran's TDIU claim is remanded as the AOJ failed to refer it for extraschedular consideration due to his service-connected disabilities.

The Board denied the claims for service connection for various conditions, including right knee condition, left knee condition, chronic respiratory condition, psoriasis (claimed as skin disorder), and left upper chest scar/pain. The Veteran submitted new evidence but it was not considered because it consisted of previously uploaded service treatment records.

The Veteran's claim for a higher rating for his service-connected painful residual scarring of SFW, bilateral scapular area and bilateral hemithorax prior to February 9, 2021 was granted. He is now rated at 20 percent under DC 7804 from that date.

The Veteran's claims for increased ratings are being remanded due to the need for additional development, specifically regarding functional loss and flare-ups of his right knee condition.

The Board has dismissed all the issues of appeal due to the Veteran's withdrawal of his appeal.

The Veteran's death was caused by advanced coronary artery disease, which the Board found to be related to service. Service connection for cause of death is granted, and DIC benefits are dismissed as moot due to the grant of service connection.

The Veteran's appeals have been dismissed due to his withdrawal of all issues on appeal.

The Veteran's claim for an initial compensable rating for residuals of scars, left hand is denied. The Veteran's claim for a higher disability rating for ulnar neuropathy affecting the 4th and 5th fingers of the left hand prior to October 10, 2019, and in excess of 70 percent thereafter is also denied.

The Board has remanded several issues related to the Veteran's service connection claims, including effective date for scar, low back prior to April 15, 2017; evaluation greater than 70 percent for anxiety disorder and major depressive disorder; compensable evaluation for scar, low back; and evaluation greater than 40 percent for residuals, status post lumbar discectomy. The Veteran's claims will be remanded for further adjudication by the RO.

The Board found that the effective date for service connection of a right hip disability and a scar, right lower extremity should be changed from June 15, 2017 to July 7, 2017 due to clear and unmistakable error in the original decision. The appeal is denied as the revised decision was proper.

The Veteran's prostate cancer is granted on a presumptive basis due to herbicide agent exposure.,Left knee scars are granted with a compensable rating, subject to further development if needed.

The Veteran's CAD rating is denied for a period from October 7, 2015 to January 31, 2016 and in excess of 60 percent thereafter.,An initial 20 percent rating for coronary artery bypass graft scars under DC 7804 is granted effective February 1, 2016.,The Veteran's effective date for the initial 10 percent rating for coronary artery bypass graft scars under DC 7801 is granted as October 8, 2015.

The Veteran's PTSD is rated at 50 percent prior to August 11, 2020. The Board granted a TDIU effective January 19, 2013.

The Veteran's service-connected disabilities, including ischemic heart disease, PTSD, cervical degenerative joint disease with fusion C3-7, lumbosacral strain (low back pain), and various peripheral nerve conditions, meet the criteria for SMC at a higher rate due to their combined effect on his ability to perform daily activities.

The Veteran's TDIU claim was denied prior to March 14, 2019 due to insufficient evidence showing he could not secure and follow a substantially gainful occupation solely by reason of his service-connected disabilities. From March 14, 2019, the Veteran's TDIU claim was granted as his combined disability rating met the schedular criteria.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims, including obtaining outstanding treatment records and clarifying certain opinions from previous VA examinations.

The Board has remanded the Veteran's claims for right knee conditions due to new evidence not previously considered in a Supplemental Statement of the Case (SSOC). The AOJ must re-issue an SSOC that specifically identifies and discusses all relevant evidence, including VA examinations and SSA determination.

The Veteran's claims for increased ratings for residuals of left wrist carpal tunnel release and painful left wrist scar were denied as her symptoms did not meet the criteria for a higher rating under applicable VA regulations.