Scars Board decisions

The Board has remanded the claim of entitlement to an initial rating in excess of 10 percent for asbestos related pulmonary disease with pleural scarring due to further development.

The Board has remanded the cases for further development and examination due to insufficient evidence in some areas, particularly regarding the Veteran's left hand and wrist scarring and her left knee disability.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for various conditions, including those secondary to a hysterectomy and/or medication prescribed post-surgery, was denied as the evidence did not support that these conditions were caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's service-connected PTSD is found to be related to his current diagnoses of OSA, hypertension, GERD, heart disease, and stroke. The Veteran's headaches are rated as 50% disabling throughout the appeal period.

The Board has decided to remand the claim for a total disability rating based on individual unemployability (TDIU) due to issues with scheduling an examination and obtaining employment history.

The Veteran's claim for service connection for residuals of breast reduction surgery with scarring is granted. The Board also remanded the issue of entitlement to a compensable rating for service-connected migraine headaches.

The Veteran has withdrawn his appeals for the issues of entitlement to a compensable rating for service-connected left second finger digital nerve mononeuritis and nonlinear scar, as well as for bilateral pes planus, pseudofolliculitis, chronic bronchitis, chronic eye condition, sleep apnea, and lumbar spine degenerative joint disease.

The Board has remanded the claims for earlier effective dates for service connection due to conflicting medical opinions and a need for further examination. The Veteran's kidney cancer is presumed related to exposure at Camp Lejeune, but an earlier effective date may be warranted based on specific facts of his case.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the RO must reassess his TDIU claim for the entire period on appeal.

The Veteran's claim for an initial compensable disability rating for residuals of TBI was denied. The Veteran's migraine headaches were granted a 50% disability rating, but the ratings for painful scar of the right great toe and residual scar of the right great toe remain at non-compensable levels.

The Board has determined that a VA examination is needed to determine the Veteran's current need for aid and attendance or housebound status due to his service-connected disabilities. The Veteran needs regular assistance with activities of daily living, including dressing, feeding, and attending to personal hygiene.

The Board has remanded the case for a VA clinician to provide an opinion on how the Veteran's medications for her service-connected shoulder disabilities affect her ability to secure and follow substantially gainful employment.

The Veteran's left-hand scar was not rated higher than 10 percent, as it did not meet the criteria for a rating in excess of 10 percent from May 15, 2018.,A 100 percent disability rating was granted for the right knee replacement from May 10, 2021 to May 10, 2022. However, a higher rating greater than 30 percent is denied as of May 11, 2022.

The Veteran's initial compensable rating for scars of the head and face prior to June 8, 2017, is denied. The claim for an initial rating in excess of 30 percent for scars of the head and face from June 8, 2017, is also denied.

The Veteran's service connection claim for prostate cancer and increased rating for left knee scar were both denied. The Board found no evidence of herbicide exposure during service, and the Veteran's prostate cancer was not related to his military service. For the left knee scar, a 10 percent rating is granted but the Veteran does not meet the criteria for higher ratings.

The Veteran's service connection claims for arachnoid cyst, dry eyes (residual of PRK), and acid reflux have been granted. Service connection was denied for corneal opacity (residual of PRK) and tinea pedis. The Veteran's initial compensable ratings for hemorrhoids and umbilical hernia repair scar were also denied.

The Veteran's right knee scars were rated at 10 percent from January 22, 2019 to June 14, 2022. From June 15, 2022 to October 6, 2022, she received a 20 percent rating for her painful right knee and upper back scars. The Veteran's appeal was granted with the effective date being from October 7, 2022.

The Board has determined that additional development is needed before the claims on appeal can be decided. The Veteran and his representative are being given an opportunity to submit any outstanding private or VA treatment records relevant to their claims, including updated VA treatment records since the last decision in January 2018 and February 2019.

The Veteran's claim for an effective date prior to September 30, 2013 for service connection of PTSD with MDD, anxiety, and insomnia is granted.,A compensable disability rating of 10 percent is granted for deep and non-linear gunshot wound scars of the anterior chest and trunk from September 18, 2013 to September 20, 2018.,A disability rating in excess of 20 percent is denied for deep and non-linear gunshot wound scars of the anterior chest and trunk from September 20, 2018 onwards.,The Veteran's claim for an initial compensable disability rating for linear scars of the right knee and anterior trunk is denied.

The Veteran's appeals for a compensable rating for a scar from sebaceous cyst removal, service connection for a right hand injury, sleep disturbance, and an undiagnosed illness or MUCMI due to Persian Gulf War service have been dismissed.,The Veteran's appeal for service connection for a sinus condition and asthma has been granted. The Board found that the Veteran meets all necessary criteria for presumptive service connection based on exposure to fine particulate matter in Southwest Asia during his service.