Scars Board decisions

The Veteran's right femur fracture with right leg shortening and limitation of motion is currently rated at 20 percent, but the Board has determined that a higher rating may be warranted. The claim for TDIU prior to November 25, 2019 remains pending as it is inextricably intertwined with the increased rating issue.,The Veteran's service-connected right femur fracture disability requires additional development including obtaining recent VA and private medical records and scheduling a VA examination.

The Board has remanded the cases for further development due to the Veteran's failure to report for scheduled VA examinations. The AOJ should provide another opportunity for the Veteran to attend the needed examinations and conduct additional development in conjunction with the TDIU claim.

The Board has remanded the claims for increased ratings and service connection due to new evidence received since previous decisions.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance, which is granted as special monthly compensation (SMC).

The claims for higher ratings for mild arthritic changes of the lumbar spine and compensable disability rating for a lumbar spine surgical scar have been dismissed.,A 60% disability rating has been granted for service-connected right lower extremity sciatic nerve radiculopathy, and another 60% disability rating has been granted for service-connected left lower extremity sciatic nerve radiculopathy.

The Board has remanded the cases for additional development due to incomplete medical records and to consider whether a TDIU is warranted on an extra-schedular basis. The Veteran's service-connected conditions have rendered him unemployable since August 2011, but he does not meet the schedular requirements for a TDIU prior to March 16, 2017.

The Board has found that additional examinations are needed for the Veteran's service-connected lumbar spine surgical scar and his claimed heart disability. The appeal is remanded to allow for these examinations.

The Board has determined that additional development is needed to determine the current severity and manifestations of the Veteran's service-connected lung cancer residuals, including any recurrence or metastasis. The AOJ should also obtain all outstanding medical records, particularly those from VA in early 2021.

The Veteran's skin graft scars are granted a 10 percent rating, and the left toe disability is remanded for further evaluation.

The Veteran's service-connected disabilities prevent her from attending to the needs of nature, caring for herself, or protecting herself from the hazards of her environment. The Board has determined that she is in need of regular aid and attendance due to her service-connected conditions.

The Veteran's hypertension was not found to meet the criteria for a compensable rating.,The Veteran's scars of the wrists, knees, and left shoulder were not found to meet the criteria for a compensable disability rating.

The Veteran's appeals for increased ratings and effective dates related to PTSD with TBI, migraine headaches, and left hip atrophy with scars have been dismissed.,An appeal seeking an earlier effective date for service connection of left hip atrophy with scars has also been dismissed as moot due to the pending increased rating claims.,The Veteran's appeals for increased ratings related to IVDS prior to January 31, 2012 and migraine headaches have also been dismissed as moot.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, cervical neck disability, left shoulder disability, lumbar disability, right lower extremity disability, and left lower extremity disability due to incomplete examinations and lack of military personnel records. Additional evidence is needed before a determination can be made.

The Board has decided to remand the claim due to insufficient reasoning in the August 2021 decision regarding whether the Veteran had additional disability resulting from VA treatment. Additional development is needed, including obtaining a new VA medical opinion.

The Veteran's bilateral leg varicose veins have been granted service connection. The issues of hypertension, right clavicle fracture, right clavicle scar, left knee condition, low back condition, and coronary artery disease and myocardial infarction are remanded for further examination and determination.

The Veteran's claims for a compensable rating for status post left inguinal herniorrhaphy and a rating in excess of 10 percent for scars associated with the surgery were denied. The Board also found that the Veteran did not meet the criteria for a TDIU prior to August 4, 2014.

The Veteran's left shoulder shell fragment wounds are currently rated at 20 percent, but the Board finds that a higher rating is not warranted. The scars of his mid back and lower back have been rated as 10 percent.

The Board has remanded the case due to unavailability of Goldmann visual field charts from the Veteran's August 2015 VA eye examination. The claim for a disability rating in excess of 10 percent prior to September 3, 2020 and in excess of 20 percent thereafter for right eye macular scar will be reconsidered.

The Board has remanded three issues: entitlement to a compensable rating for service-connected malaria, service connection for TBI and/or residuals of TBI, and service connection for scars on the brain. The Veteran's claim is being returned for additional development.

The Veteran's claim for a rating in excess of 30 percent for other specified trauma and stressor related disorder was denied, as the evidence did not support symptoms consistent with a higher rating. The claim for TDIU prior to March 7, 2022, was also denied due to the Veteran's service-connected disabilities not rendering him unable to obtain or maintain substantially gainful employment.