Scars Board decisions

The Veteran's left upper extremity scar, stomach/torso scars, and residuals of a collapsed lung are all found to be related to his service. The Board has granted the claims for these conditions.

The Veteran's service-connected disabilities, including migraine headaches and musculoskeletal conditions, have precluded her from securing or following substantially gainful employment for the entirety of the appeal period. The Board has granted a TDIU based on these service-connected disabilities.

The Veteran's claims for increased ratings and separate ratings for lower extremity radiculopathy have been remanded. The claim for a compensable evaluation for scar, residual of anterior and lateral compartment fasciotomies has been dismissed.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining outstanding treatment records. The issue of a TDIU on an extraschedular basis will also be referred to the Director, Compensation Service.

The Veteran's appeal for service connection for scarring of the left hand is dismissed as his claim has been granted. Service connection for scarring of the forehead is granted.

The Board has determined that the Veteran's claims for earlier effective dates are denied as there is no evidence of a formal or informal claim prior to the assigned effective dates. The cases have been REMANDED for further development and examination.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including increased ratings for various orthopedic conditions and hypertension. The remand is due to incomplete VA treatment records and the need for new examinations to assess current disability levels.

The Board has remanded the case due to errors in its discussion of the Veteran's claim for residuals of a bilateral hand injury and failure to consider evidence related to the right lower extremity disability. The issues are now pending before the Board again.

The Board has found the VA Centralized Eligibility and Appeals Team (CEAT) review inadequate to support the decision made, as it did not address significant medical evidence concerning whether the Veteran may require daily assistance to complete an ADL or a need for supervision, protection, or instruction. The matter is remanded for further review.

The Board has remanded the Veteran's claims for an initial compensable rating for residual surgical scar, associated with right knee disability and entitlement to a total disability rating due to individual unemployability (TDIU) prior to April 3, 2019. The AOJ is required to issue a Supplemental Statement of the Case regarding these issues.

The Board has remanded the Veteran's claims for SMC due to his service-connected disabilities, and it is unclear if he qualifies for higher levels of SMC based on his current conditions.

The Veteran's claim for a TDIU prior to January 11, 2013 is remanded due to the possibility that he may be unemployable by reason of service-connected disabilities. The case will be referred to the Director, Compensation Service, for extraschedular consideration.

The Board has denied the Veteran's claims for service connection for residuals of right arm burn, left third finger disability, respiratory condition (asthma), and penis deformity. The cases are remanded to obtain additional medical opinions.,The VA examiner will provide an opinion regarding whether the Veteran's current conditions are related to his military service.

The Board has determined that the Veteran's left eye disorders, including corneal scar, amblyopia, and visual defect, are related to his active duty service. The decision grants service connection for these conditions.

The Veteran's service-connected disabilities, including fibromyalgia, dermatitis, major depressive disorder, and lumbar spine disability, have rendered her unable to secure or follow substantially gainful employment since March 28, 2006. The Board has granted a TDIU effective from that date.

The Veteran's right and left lower extremity peripheral neuropathy associated with his bilateral hammertoes, status post surgery for phlangectomy bilateral fifth toe and right second toe, were each rated as 10 percent disabling from October 9, 2013.

The Veteran's appeal is granted for a disability rating of 20 percent, but no higher, for painful scars from thoracotomy and lobectomy prior to June 28, 2016. The appeal is denied for entitlement to a disability rating greater than 20 percent for these scars after June 28, 2016.

The Veteran's appeals for increased ratings for shrapnel wound, left ankle, muscle group XII; left ankle, residuals of shrapnel wound; and residual of shrapnel wound, right foot are being remanded due to the need for a statement of the case.,The Veteran is currently receiving separate 30 percent, 10 percent, and 10 percent ratings for these conditions.

The Veteran's claim for service connection for surgical scars of the abdomen was denied as there was no evidence of such scars during service or linked to his military service.,The Veteran's right knee medial collateral ligament sprain with mild instability and limitation of flexion were not rated higher than 10 percent, as they did not meet criteria for more severe conditions.

The rating reduction for post bunionectomy scar, right foot from 10 percent to 0 percent was proper due to clear and unmistakable error in the November 2014 rating decision. A disability rating in excess of 10 percent for service-connected bilateral feet painful scars status post bunionectomies is denied.