Scars Board decisions

The Board found that the Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, and thus denied his claim for TDIU.

The Veteran's initial compensable rating for a surgical scar, left middle finger, prior to July 16, 2018, is denied. The Veteran's evaluation in excess of 10 percent for the same condition from July 16, 2018, is also denied.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and referring the TDIU claim to the Director of Compensation Service for extraschedular consideration.

The Veteran was granted a TDIU prior to February 5, 2020 due to his service-connected PTSD. From February 5, 2020, the claim of entitlement to a TDIU is dismissed as moot because he received a 100% disability rating for lung cancer and special monthly compensation (SMC) under 38 U.S.C. § 1114(l).

The Board has remanded the cases for further development and adjudication due to issues with obtaining private treatment records from the Veteran's former address.

The Board has remanded the case due to incomplete development of the Veteran's service records and a need for further medical examination. The Veteran is seeking service connection for residuals of a head injury, including headaches and a chin laceration scar.

The Veteran's TDIU and DEA eligibility are denied as the evidence does not show that he was unable to secure or follow a substantially gainful occupation prior to May 27, 2011.,The Board found no entitlement to TDIU prior to May 27, 2011, due to the Veteran's service-connected disabilities and his ability to engage in activities such as painting and working on cars.

The Board has determined that there are errors in the duty to assist and remands the claims for further development. The Veteran's hearing loss, right arm disability (loss of range of motion), burn scars on various parts of his body, and service connection issues have been remanded.

The Veteran's claim for service connection for tendinitis was denied as new and relevant evidence did not support reopening the claim.,The Veteran's linear scar is rated noncompensable, while his painful scar remains at a 10% rating.

The Board has found that the Veteran's claims for increased ratings are inextricably intertwined with his claim for an initial compensable rating for residual scar, open reduction internal fixation right tibia-fibula. Therefore, both claims are being remanded to obtain a new VA examination and determine the current severity of the Veteran's service-connected disabilities.

The Veteran's left shoulder disability is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code (DC) 5201 for limitation of motion. The evidence does not support a higher rating as flexion and abduction are both measured from zero to 120 degrees in the August 2019 VA examination.,The Veteran's left knee disability is currently rated at 10 percent, which is also the maximum schedular rating available under DC 5259 for symptomatic removal of semilunar cartilage. The evidence does not support a higher rating.

The Board denied the reopening of claims for tinnitus, bilateral knee disabilities, and a dental disability. The claim for service connection for a left elbow scar was reopened but denied.

The Veteran's claims for chronic fatigue syndrome, urinary tract disorder (frequent urination), excessive thirst, and blunt force trauma to head with scar have been denied.,Service connection for peripheral neuropathy of the right lower extremity (sciatic nerve) has been granted at a 40 percent rating, subject to law and regulations governing payment of monetary benefits. Service connection for peripheral neuropathy of the left lower extremity (sciatic nerve), peripheral neuropathy of the left lower extremity (femoral nerve), and peripheral neuropathy of the right lower extremity (femoral nerve) have been granted at 30 percent ratings, subject to law and regulations governing payment of monetary benefits.,Service connection for non-proliferative retinopathy with macular edema in the right eye has been denied. Service connection for PTSD has been granted at a 50 percent rating, subject to law and regulations governing payment of monetary benefits.

The Board has found that new VA examinations are needed for the issues of entitlement to initial and compensable disability evaluations for service-connected painful scars, right wrist status post ganglion cyst excision associated with ganglion cyst, right wrist status post excision. The remanded exams will evaluate the current level of severity of these disabilities.

The Board has granted service connection for low back disorder, left and right lower extremity radiculopathy of the sciatic nerve, scar above the right eye, and denied service connection for a right ankle disorder.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted his TDIU claim.

The Veteran's claim for a compensable rating prior to May 26, 2010 and a schedular rating in excess of 10 percent after July 1, 2010 was denied. The Board found that the evidence did not show prior to May 26, 2010, the disability to be productive of suppuration or aural polyps, or that his condition was dry and scaly or productive of swelling, serous discharge, and itching requiring frequent and prolonged treatment. After July 1, 2010, no evidence of active suppuration or aural polyps was found.

The Veteran's spouse is not eligible for PCAFC benefits due to a lack of caregiver training and the failure to complete assessments within 90 days. The Board has remanded the case to ensure proper completion of these requirements.

The Veteran's claim for a rating in excess of 20 percent for painful residual scarring of the bilateral foot scars associated with bunionectomies was denied. The Veteran also had her claims for initial compensable ratings for residual left and right foot scars denied, as did her claim for a compensable rating for FSAD.,The Board granted service connection on secondary basis for a headache disorder.

The Board has determined that the VA Centralized Eligibility and Appeals Team (CEAT) decision denying eligibility for PCAFC benefits was inadequate, and thus remanded for further review.