Scars Board decisions

The Veteran was granted a TDIU from November 10, 2018, due to service-connected depressive disorder. He also qualified for special monthly compensation based on housebound status.

The Board has decided to remand the Veteran's claims for service connection for amputation of left 5th toe and scar on left toe, status-post amputation of left 5th toe due to insufficient evidence regarding the nature and etiology of these conditions. A VA examination is required.

The Board has determined that the Veteran is entitled to a TDIU for the period prior to June 1, 2015, excluding periods of temporary total ratings for his right knee disability. The decision is based on the Veteran's service-connected disabilities and their impact on his ability to secure or follow a substantially gainful occupation.

The Board has granted service connection for a right thumb disability and a right thumb scar. The remaining issues of service connection have been remanded due to inadequate VA examinations.

The Board has determined that the RO did not substantially comply with the remand instructions and has therefore ordered further examination of the Veteran's low back, bilateral lower extremity radicular, and surgical scar disabilities.

The Board has vacated its January 2022 decision, which denied increased ratings for the Veteran's low back disability and right lower extremity nerves. The issues of increased ratings for sciatic radiculopathy and femoral radiculopathy are remanded. A compensable rating for a surgical scar on the back is also remanded.

The Veteran's claim for a rating in excess of 20 percent for painful and unstable lip/ear scars related to Basal Cell Carcinoma removal is denied. The claim for a compensable rating for disfigurement caused by the same scars is also denied.

The Veteran's service-connected disabilities have not rendered him incapable of securing or following a substantially gainful occupation prior to August 29, 2012.

The Veteran withdrew his appeals regarding increased ratings for left shoulder rotator cuff and labral tear, as well as scars on the left shoulder. The Board dismissed these appeals.

The Veteran's abdominal cramps, hypertension, hemorrhoids, and scars from hernia surgery are being remanded for further development as requested by the Board of Veterans' Appeals.

The Board has dismissed the issues of entitlement to higher ratings on an extraschedular basis for right and left foot hallux valgus with degenerative arthritis, heel spurs and plantar fasciitis, as well as right and left foot scarring status post bunionectomy. This dismissal is due to the Veteran's grant of a total disability rating based on service-connected disabilities (TDIU) for the entire appeal period.

The Veteran's appeal for a higher disability evaluation for service-connected left ankle scars has been denied as the scars do not meet the criteria for a compensable rating under DCs 7801 and 7802.,The effective date for the award of a 20 percent disability evaluation for service-connected lumbosacral strain is set at June 26, 2018, as it was more than one year after the Veteran filed his claim.

The Veteran's superficial non-linear surgical scars were denied an initial compensable rating prior to August 3, 2017.,A 10% rating was granted for the Veteran's painful superficial non-linear surgical scars prior to August 3, 2017. The matter of his status post epigastric herniorrhaphy, ventral hernia is now remanded.

The combined effects of the Veteran's service-connected disabilities have not precluded substantially gainful employment for the entire appeal period, thus his claim for TDIU is denied.

The Veteran's asthma is granted service connection due to presumed exposure under the PACT Act. Service connection for a chronic scar disorder is denied.

The Veteran's claims for earlier effective dates prior to April 30, 2018, for the grant of service connection for various disabilities have been denied.,VA received an original formal claim on May 4, 2018, and granted service connection within one year after separation from active military service. The effective date set is the day following the Veteran's exit from active service.

The Veteran's left toe scar is granted an initial 10 percent rating, but the issue of a compensable rating for his left fourth toe arthroplasty is remanded due to lack of recent VA examination.

The Veteran's claim for service connection for COPD is reopened, and the case is remanded for further evaluation. The cases for initial compensable ratings for scars associated with esophageal cancer are also remanded.

The Board has remanded the claims for an initial compensable rating, earlier effective date, and TDIU due to new evidence indicating a worsened disability picture. A new VA examination is needed to assess the current severity of the left shoulder surgical scars and left groin scars.

The Veteran's claims for effective dates prior to June 6, 2018, for the grants of service connection for his bilateral shoulder disabilities were denied. The Board found that the earliest effective date under the law was February 6, 2015, for the left shoulder and left humerus disabilities due to the Veteran's original claim being filed more than one year after separation from active service. For the right shoulder and right humerus disabilities, June 6, 2018, is the earliest effective date under the law.