Scars Board decisions

The Veteran's TDIU claim is denied as his combined service-connected disability rating has reached 100%, rendering the issue moot.

The Board has dismissed the claims of service connection for pancreatic cancer and scar, status post partial pancreatectomy and cholecystectomy as moot due to a grant of service connection under the PACT Act. The claim of service connection for Crohn's disease is remanded.

The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment prior to November 21, 2012. Effective November 21, 2012, the evidence shows that he is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Veteran's macular scar of the right eye results in visual acuity of 20/40 corrected distance, which does not meet the criteria for a higher disability rating.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to insufficient development of his medical records and examination reports.

The Board has determined that additional examinations are needed to assess the Veteran's service-connected muscle injuries and associated scars. The claims for increased ratings for all three of these conditions are being remanded.

The Veteran's cerebral infarction, claimed as residual to left foot surgery, and lower gum scar are being remanded for further evaluation due to conflicting medical opinions and new evidence.

The Veteran's claim for an initial compensable rating for residual surgical scars, right knee was denied. The Board found that the evidence did not support a higher evaluation under any applicable diagnostic codes. Additionally, the Veteran's TDIU claim prior to April 3, 2019 was granted.

The Veteran's claim for an increased rating for splenectomy residuals is remanded due to the need for a new examination.,Service connection for erectile dysfunction and low sperm count, both secondary to hernia repair, are also remanded as there are issues with the current evidence provided.

The Veteran's pulmonary disease, including his service-connected asbestos-related pulmonary disease and diagnosed asthma, has required continuous outpatient oxygen therapy since August 2015. The Board granted an initial rating of 100 percent for the Veteran's pulmonary disease.

The Veteran's claim for a compensable rating for bilateral hearing loss is remanded due to the possibility of worsening since his last VA examination in July 2016.,The Veteran's claim for service connection for diabetes mellitus, type II as due to herbicide agent exposure is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for erectile dysfunction as secondary to diabetes mellitus, type II is remanded due to the possibility that the condition has worsened since the last VA examination in July 2016.,The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for chronic kidney disease is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a cervical spine disorder is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a right shoulder disorder is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a left shoulder disorder is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a right knee scar is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for presbyopia is denied as refractive errors are not considered diseases or injuries under VA regulations.

The Board has granted service connection for right knee instability and awarded a disability rating of 10 percent for the Veteran's right knee scar. The issues have been resolved in favor of the Veteran.

The Veteran's appeal for a higher disability rating for his scar on the scalp was denied as it did not meet the criteria to establish a greater than 10 percent rating.

The Veteran's obstructive sleep apnea is rated at 50 percent, the maximum rating authorized under DC 6847. The Board finds that the criteria for a higher rating are not met.,The Veteran's low back scars have been rated as non-compensable. The evidence does not show any disabling effects on the affected body parts and the scars do not meet the criteria for a compensable rating under DC 7805 or DC 7802.,The Veteran's tinnitus is rated at 10 percent, the maximum rating authorized under DC 6260. The evidence does not show any unique or unusual symptoms not contemplated by the rating code.

The Veteran is seeking additional retroactive VA disability compensation benefits under the CRSC program for the period from December 2011 to April 2015, and he also wants to know if it was proper to withhold his VA disability compensation benefits due to a retired pay adjustment. The Board has ordered further action to review these issues.

The Board has determined that a remand is necessary to address the etiology of the Veteran's scars, which are claimed as secondary to his service-connected nephrolithiasis.

The Veteran's service-connected disabilities prevented him from securing or maintaining substantially gainful employment prior to September 16, 2020.

The Board has denied the Veteran's claims for service connection for right knee disability, left knee disability, scar from a lower lip laceration, tinnitus, and unspecified back disability. The evidence did not support a finding that any of these conditions began during active service or were related to in-service injuries or diseases.

The Veteran's claim for a higher rating for hidradenitis and associated scars is granted, but the Board finds that additional development is needed to determine if a higher rating is warranted due to flare-ups.,The Veteran's claim for an increased rating for her scars associated with hidradenitis remains remanded as well.

The Veteran's application for TDIU prior to July 21, 2016 was denied due to lack of qualifying disability ratings. The Board has referred the matter to the Director of Compensation Services for extraschedular consideration.