Scars Board decisions

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations and opinions.

The Board has remanded the Veteran's claims for an initial compensable rating for inguinal hernia and surgical scar from hernia surgery repair due to uncertainty about whether the Veteran is experiencing a recurrence of his inguinal hernia.

The Veteran's claims for increased ratings, service connection, TDIU, SMC, and DEA have been remanded. The LLE scar and right hand GSW/shrapnel wound residuals are not entitled to higher ratings.

The Board has remanded the case for a VA examination to determine whether additional eye diagnoses are caused or aggravated by the Veteran's service-connected bilateral cataracts and/or diabetes mellitus type II, and for an evaluation of all symptoms associated with his service-connected eye condition without considering symptoms due to distinguishable disability.

The Veteran's claim for a higher rating for his painful surgical scar, post-operative left inguinal hernia repair, from December 13, 2013, is denied. His claim for a compensable rating for left inguinal hernia repair residuals is also denied.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected PTSD.

The Veteran's service-connected disabilities, including PTSD with insomnia, right lower extremity palsy and paresthesia, severe iatrogenic neurological back pain, hernia repair right side, and scar, status post hernia repair right side, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on the combined rating of 90% for his service-connected disabilities.

The Veteran's initial compensable rating for right thigh scar from June 2, 2009 is granted. The Veteran's increased rating in excess of 50 percent for TBI with PTSD from June 2, 2009 to February 2, 2017 is denied. A 70% rating for TBI with PTSD from March 1, 2017 to February 16, 2020 and a 100% rating thereafter is granted. SMC (t) from February 17, 2020 onward is granted. Service connection for right eye residuals of PRK surgery diagnosed as halos and dryness and service connection for diplopia and light sensitivity secondary to service-connected TBI are also granted.

The Veteran's appeal for TDIU is being remanded due to the need for additional medical opinions and further development. The issues of TDIU prior to June 22, 2021, and TDIU from June 22, 2021, are inextricably intertwined.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment, as evidenced by his intermittent employment and significant earnings during periods of unemployment.

The Veteran's claim for an increased rating for residuals of vagotomy and hemigastrectomy (removal of half the stomach) was denied as his disability does not warrant a rating in excess of 40 percent.

The Board has dismissed the Veteran's claims for a compensable evaluation and earlier effective date for lumbar spine surgical scar. The remaining issues of increased evaluations for low back disability, radiculopathy, TDIU, and severance of service connection are remanded for further development.

The Veteran's claims for temporary total evaluations under 38 C.F.R. � 4.29 and 38 C.F.R. � 4.30 are denied as there is no evidence of hospitalization or surgery with convalescence due to a service-connected disability during the appeal period.

The Board has determined that the VA examinations and opinions are inadequate for the issues of service connection for scars, muscle disability, seventh facial nerve disability, left eye disability, residuals of a radial necrectomy, left jugular vein removal, and parotid gland removal, all secondary to skin cancer. These claims must be remanded again due to non-compliance with previous instructions.

The Veteran's claim for compensation under 38 U.S.C. § 1151 due to an esophageal perforation and its residuals is remanded as the existing record does not contain a medical opinion addressing this question.

The Veteran's claims for increased ratings were denied. The rating reduction for the right femur scar was upheld, and a new rating of 0% effective March 6, 2020 was granted. For peripheral neuropathy, a higher rating than 30% after September 18, 2019 was not granted.

The Veteran's initial compensable ratings for surgical scars of the anterior mid-neck and left upper chest have been denied.,The Veteran's initial compensable rating for cancer of the tonsils, to include post-surgical scarring of the palate and pharynx and deviation of the uvula to the left (excluding dry mouth symptoms or limitation of neck motion), has also been denied.

The Board has denied service connection for a low back condition and an initial compensable disability rating for a right knee surgical scar.

The Veteran's service connection for obstructive sleep apnea is denied, but he is granted a TDIU based on his service-connected disabilities.

The Veteran's claims for service connection have been granted. The Board found that the left ankle scar, toe scarring of the left foot, and right toes are related to service-connected disabilities or cold injury residuals. However, the claim for a mass on the left thigh was denied as there is no evidence linking it to service.