Scars Board decisions

The Board has withdrawn the Veteran's appeals for service connection of IBS, CTS (bilateral), allergic rhinitis, patellofemoral pain syndrome, and left knee scar. The claims for tinnitus and bilateral hearing loss have been reopened due to new evidence received since their final denial.

The Veteran's surgical scars are not manifest by any disabling effects not considered under Diagnostic Codes 7800-04, and thus a compensable rating for the scars is denied. The TDIU claim is remanded due to lack of information regarding the Veteran's employment status.

The Veteran's claims for increased ratings of various disabilities, including a right shoulder disability, bilateral pes planus, TBI, and other conditions were denied as the Veteran failed to appear at scheduled VA examinations.,Service connection claims for back disability, left foot disability, right elbow disability, and chest pain were also denied due to insufficient evidence linking these conditions to service.

The Veteran's right knee instability is granted a rating of 20 percent, effective from the date of the remand. Separate ratings for symptomatic residuals post-operative medial meniscectomy and scar residuals post-operative medial meniscotomy are also granted.

The Veteran's initial rating for scars of the right mastoid and ear, as well as his varicocele prior to June 30, 2016, was granted. From June 30, 2016, a higher rating for varicocele was also granted.

The Veteran's kidney transplant rating was reduced from 100% to 30%, effective May 1, 2015. The reduction is upheld as the current condition does not meet the criteria for a higher rating.

The Veteran's claims for increased ratings of her back disability, bilateral pes planus, and depressive disorder are being remanded due to the failure to report for necessary VA examinations without good cause. The issues regarding the rating of depressive disorder prior to October 2, 2015; from October 2, 2015, to August 3, 2020; and after August 3, 2020 are being remanded.

The Board has remanded the cases for further development due to insufficient evidence and need for updated examinations. Effective dates have not been assigned.

The Veteran's residuals of larynx cancer were granted a 10% rating prior to September 12, 2021 and denied any higher ratings thereafter.,For the period from April 4, 2017 to April 1, 2018, the claim for TDIU is remanded as additional information is needed.

The Veteran's cause of death is granted due to his service-connected coronary artery disease and diabetes, which materially contributed to his death. However, DIC under 38 U.S.C. § 1318 is denied as the Veteran did not meet the requirements for a total disability rating at any point prior to his death.

The Board has remanded the cases for further development due to incomplete information and need for additional medical opinions.

The Veteran's claim for service connection for a liver disorder, secondary to her service-connected cholelithiasis status post cholecystectomy and scars, is denied.,The Veteran's claim for service connection for irritable bowel syndrome, secondary to her service-connected cholelithiasis status post cholecystectomy and scars, is remanded.

The Veteran's exploratory laparoscopy with appendectomy, hemorrhoids, deep non-linear scarring residuals of abdominal surgery, and superficial non-linear scarring residuals of abdominal surgery have been granted initial compensable disability ratings. Service connection for a right shoulder disorder has also been granted.

The Veteran's claim for service connection for memory loss is denied as there is no separate and distinct condition found prior to January 10, 2022. From that date onward, the evidence does not support a finding of direct service connection.,The Veteran's TDIU claim prior to January 18, 2012 was denied because his combined disability rating did not meet the schedular requirements for TDIU.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to October 24, 2017.

The Veteran's TDIU claim prior to May 14, 2016 is denied as there was no factually ascertainable date within one year prior to the May 14, 2016, claim that indicated his service-connected disabilities prevented him from maintaining substantially gainful employment. The DIC benefits claim under 38 U.S.C. § 1318 is also denied because the Veteran did not meet the criteria for continuous total disability rating of at least five years prior to death.

The Veteran's claim for a rating in excess of 10 percent for his scar, status-post right inguinal hernia surgery is denied. The evidence does not support a higher rating due to the presence of an unstable or painful scar.

The Veteran's service-connected disabilities, including PTSD and bilateral knee disorders, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's total disability rating based on individual unemployability (TDIU) claim is granted due to the combined disability rating of his service-connected conditions meeting the schedular requirements.

The Board has reopened the previously denied claim of service connection for right shoulder acromioclavicular joint osteoarthritis and granted it. The effective date is fixed in accordance with the facts found, but shall not be earlier than the date of receipt of an application therefor.