Scars Board decisions

The Veteran's claim for an initial rating of 10 percent for a left corneal scar is granted. The Veteran's claim for an increased rating in excess of 10 percent for her left ankle disability, characterized by limitation of motion, is remanded.

The appeal regarding the right knee scar is dismissed. The issues of service connection for a right ankle condition and an initial rating in excess of 10 percent for right knee patellofemoral pain syndrome are remanded.

The Veteran's single abdominal scar from his liver transplant is granted a 10 percent rating, effective as of the date of the decision.

The appeal to reopen claims for service connection for a left shoulder scar, back scar, and stomach scar is granted. The appeals to reopen the claims for service connection for back and stomach scars are denied.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, and referral to the VA Compensation Service Director for consideration of an extraschedular TDIU rating is not warranted.

The Veteran is seeking service connection for depression secondary to his service-connected right inguinal hernia repair. However, he failed to report to the scheduled VA examination and did not receive proper notification of the examination.,The Veteran's attorney requested a rescheduling of the mental disorders examination in February 2019, but it is unclear if the Veteran received proper notice.

The Board denied earlier effective dates for several service-connected conditions, including skin condition, flat feet, GERD, left knee condition, left wrist condition, and left wrist scar. The Veteran's fibromyalgia and hypertension were granted service connection.,Several issues are remanded for further review, including initial ratings for various disabilities.

The Veteran's claim for service connection for breast surgery residuals has been reopened and granted. The initial disability rating for her service-connected panic disorder is remanded, as well as the TDIU issue.

The Veteran's pseudofolliculitis barbae with facial scarring has been rated at 30 percent, which is the maximum rating available under current regulations. The Board found that the evidence did not support a higher rating based on the characteristics of disfigurement or instability.

The Veteran's chest scars are rated as non-compensable, with the scars measuring less than 144 square inches (929 sq. cm).,The Veteran's microscopic colitis is currently rated at 30 percent and does not meet criteria for a higher rating due to lack of severe disability with numerous attacks per year or malnutrition.,The Veteran's residuals of prostate cancer are rated as 40 percent, requiring absorbent materials changed less than two times per day. No higher rating is warranted based on urinary frequency or obstructed voiding.,Prior to September 22, 2022, the Veteran's coronary artery disease was rated at 60 percent, meeting criteria for a 60 percent evaluation.,From September 22, 2022, the Veteran's coronary artery disease is denied as no higher rating is warranted due to lack of severe disability with numerous attacks per year or malnutrition.

The Board has dismissed the appeals for all issues related to the Veteran's service-connected conditions as the Veteran requested withdrawal of these appeals.

The Veteran's service-connected facial scars, residuals of surgical excision of T-cell cutaneous lymphoma lesions, are manifested by visible tissue loss in the left lateral periorbital region with distortion of the left eye and a surface contour which was depressed on palpation. The criteria for a disability rating greater than 30 percent have not been met.

The Veteran's sleep apnea is remanded for an addendum VA opinion to determine if his service-connected conditions, including coronary artery disease and scar, status post stent placements, caused or aggravated his sleep apnea.

The Veteran's application for PCAFC benefits was denied as their combined rating of service-connected disabilities is below the required threshold (70%) to be considered a 'serious injury' under VA regulations.

The Veteran's service-connected prostate cancer and related conditions render him unemployable, but the claim for a total disability rating based on individual unemployability is remanded due to insufficient evidence in the record.

The Board denied the Veteran's request for an earlier effective date of TDIU due to his service-connected disabilities, finding that he was not unable to secure or follow a substantially gainful occupation prior to May 25, 2017.

The Veteran is seeking earlier effective dates for service connection and increased ratings due to CUE in multiple rating decisions. The Board finds that the RO did not address all theories of CUE, specifically regarding receipt of new and relevant service department records submitted by the Veteran in 2018.

The Board has determined that the Veteran does not have a current diagnosis of a respiratory disability other than service-connected allergic rhinitis. The claims for hysterectomy, hysterectomy scar(s), and radiculopathy are remanded due to insufficient evidence.

The Veteran's claim for nonservice-connected pension benefits and special monthly pension based on the need for regular aid and attendance (SMP-AA) is denied as he does not meet the requirements of being permanently and totally disabled due to nonservice-connected disabilities.

The Board has determined that the Veteran's appeal involves multiple issues related to his service-connected PTSD, right knee disabilities, and effective date claims. The case is being remanded for further development including obtaining updated VA treatment records, arranging for examinations of the Veteran's right knee surgical scars and ligament injuries, and addressing the evaluation and effective date issues.