Scars Board decisions

The Veteran's service-connected disabilities, including larynx cancer and bladder cancer, have rendered him unable to secure and follow a substantially gainful occupation.

The Board has remanded several issues for further review, including service connection claims and rating determinations. The Veteran's bilateral hearing loss claim is denied as there is no evidence of current bilateral hearing disability meeting VA criteria. His left shoulder scars and left flank scar ratings remain noncompensable due to lack of compensating factors such as pain or instability. Hyperuricemia is not rated higher than noncompensable under the applicable diagnostic codes, and hypertension remains noncompensable.

The Board has remanded the Veteran's claims for service connection due to outstanding VA treatment records and the need for additional medical examinations. The appeals are now pending before the AOJ.

The Veteran's surgical scars of the left wrist associated with fracture of the navicular bone of the left wrist with nonunion are rated as 10 percent from September 23, 2021. The Board has granted a higher rating to 10 percent under DC 7804.

The Board has denied the Veteran's claim for service connection of stomach scars as secondary to his left nephrectomy because the evidence does not support a finding that the current condition is related to the non-service-connected disability.

The Board has determined that there are errors in the decision-making process regarding service connection for various conditions, and thus remands the cases to allow for further development.

The Veteran's service-connected disabilities, including bilateral pes planus with right foot tendinopathy and osteoarthritis, right ankle lateral collateral ligament sprain status post ankle reconstruction surgery to include gastroc muscle, Achilles tear, and posterior calcaneal exostosis, intervertebral disc syndrome with spinal stenosis, and right foot hallux valgus, have resulted in a combined rating of 70 percent or more for the period before October 16, 2020. Therefore, an effective date of January 8, 2019, is granted for the grant of TDIU.

The Board has already denied the claims for compensable disability ratings for hypertension and a stomach scar status post abdominal aortic aneurysm in previous decisions, so these appeals are dismissed.

The Veteran's TDIU claim was denied because the evidence did not show that his service-connected PTSD rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings and service connection were denied. The rating for painful burn scars of the right elbow/olecranon was denied, as they do not meet the criteria for a higher than 10 percent rating. The compensable rating for burn scars of the right upper extremity was also denied. The claim for left ear hearing loss was denied as it did not meet the criteria for a compensable rating.

The Veteran has withdrawn his appeals regarding the right thigh scar, left temporal region laceration scar, and left index finger scar claims.

The Veteran's right knee instability and painful scar symptoms were present at the time VA received his May 2010 informal claim for service connection. Effective dates of May 6, 2010 are granted for both conditions.

The appeal for reducing the rating of tender scars, right and left knees from 20% to 10%, effective July 1, 2021, is dismissed as moot. The appeal for extending a temporary total rating beyond October 31, 2020, due to convalescence following right knee surgery is denied.

The Veteran's claims for service connection for malignant myeloma and scar secondary to his service-connected malignant melanoma were denied. However, the Veteran was granted service connection for his service-connected malignant melanoma.

The Veteran's request for increased ratings for painful scars, bilateral wrists and right wrist scar was denied. The Board found that the evidence did not support additional or increased ratings at any point during the appeal period.

The Veteran's claims for higher evaluations on several service-connected conditions are being remanded due to the need for additional evidence and examinations.

The Board has denied the Veteran's claims for service connection for right shoulder, low back, left knee, urinary, and scar disabilities as there is no persuasive evidence that any of these conditions began during or are otherwise related to his period of honorable military service.

The Veteran's service-connected right foot and left foot disabilities were not rated higher than the initial 10 percent assigned.,Initial noncompensable ratings for service-connected left foot and right ankle residual blister scars were denied.

The Veteran's service connection for hypertension and diabetes mellitus, type II associated with herbicide exposure is granted. The claim of an initial rating in excess of 70 percent for PTSD to include major depressive disorder moderate and generalized anxiety disorder, as well as entitlements for left inguinal herniorrhaphy and left inguinal hernia scar are denied.

The Veteran's claim for a compensable rating for pseudofolliculitis barbae (PFB), including scarring, is remanded due to incomplete examination reports.