Scars Board decisions

The Board has remanded the cases for additional development regarding the qualifications of a VA examiner who conducted disability benefit questionnaires (DBQs) in December 2019. The TDIU claim is deferred until the scar increased rating claim is resolved.

The Veteran's claim for a compensable disability rating for his service-connected scarring of the lungs with pleural plaques consistent with asbestosis is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new examination.

The Veteran's claim for an effective date earlier than November 9, 2016, for the grant of service connection for a hernia repair scar was denied. The Board found that there is no evidence showing any communication prior to November 9, 2016, indicating intent to file such a claim.,The Veteran's claims for service connection for left ear hearing loss and right ear hearing loss were both remanded as the evidence did not support current diagnoses of these conditions. The Board noted that there was no recent diagnosis of left ear hearing loss disability for VA purposes.

The Veteran's initial rating for left foot sole scar prior to December 1, 2017 is denied. The Veteran's claim of compensation under 38 U.S.C. § 1151 for a left eye disability due to VA surgery in November 2009 is also denied. Other issues related to service connection and effective dates are remanded.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation until his retirement in December 2018 due to health issues and 'life in general'.

The Veteran's right wrist scar and ischemic heart disease are not rated higher. The Board has remanded the issues of initial higher ratings for these conditions, as well as the issue of a TDIU prior to September 17, 2010.

The Veteran's service-connected disabilities, including his psychiatric disorder and recurrent kidney stones, have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.

The Veteran's claim for service connection for asthma is denied. The Board grants an initial disability rating of 30 percent for thoracotomy scars, effective June 28, 2010. The claims for secondary service connection for insomnia and a separate disability rating for thoracotomy scars with limitation of motion are remanded.

The Board has granted a TDIU on an extraschedular basis due to the Veteran's service-connected disabilities, which prevent him from securing or following substantially gainful employment.

The Veteran's appeal is remanded due to the need for additional development of his VA employment records. The initial compensable disability evaluation for scars, status-post appendectomy remains denied as none of the Veteran's three appendectomy scars are painful or unstable.

The Veteran's claims for increased ratings for his service-connected left elbow disabilities are remanded due to the need for additional examinations.

The Board dismissed the appeals for entitlement to effective dates prior to May 31, 2009, for service connection of bilateral foot residual scars.

The Veteran's scars status/post bilateral orchiopexy are rated at a 10 percent disability rating since June 10, 2014.

The Veteran's insomnia is currently rated at 50 percent, which does not meet the criteria for a higher rating.,Both hip disabilities are currently rated at 20 percent each. The evidence does not support an increase in these ratings as there is no indication of ankylosis or other severe impairment.

The Veteran's painful hysterectomy scars are rated at 30 percent effective September 21, 2009. The appeal for a higher rating is denied.

The Veteran's claims for ratings related to his gunshot wound residuals are being remanded due to unclear issues and the need for additional development.

The Board has remanded the Veteran's claims for additional development due to outstanding VA treatment records and inadequate prior examinations.

The Veteran's TDIU claim from August 2, 2018 is granted. The VA has not completed the necessary development for his increased rating claims and remanded issues.

The Board has remanded the Veteran's claims for service connection due to incomplete information regarding his periods of active duty training and inactive duty training. The RO is instructed to obtain any additional medical records, verify the Veteran's ACDUTRA and INACDUTRA service, and consider whether to seek addendum VA opinions or new examinations.