Scars Board decisions

The Board denied all claims for earlier effective dates, finding that the earliest date of receipt of a claim was November 27, 2012.

The Board has remanded the claims for left ankle disability, left ankle scar, left knee disability, left hip disability, right shoulder disability, and cervical spine disability due to insufficient evidence regarding their etiology.

The Veteran's appeal for an increased rating for scars on the left femur has been dismissed due to his death. The Board had no jurisdiction to proceed with the case as he died during the pendency of the appeal.

The Veteran's claim for a higher rating for his service-connected left knee laceration scar is granted from December 11, 2018.,An earlier effective date prior to August 21, 2014 for the award of a 10% rating for residuals fracture of the second and third toes of the left foot is denied.

The Board denied a rating in excess of 10 percent for lateral collateral ligament strain of the right ankle from September 12, 2016. The Veteran was granted a ten percent rating for status post right fasciotomy with scar prior to September 12, 2016.

The Veteran's appeal for a compensable disability rating for his service-connected left hand skin graft scar has been dismissed as the Veteran withdrew all claims on appeal prior to the Board making a decision.

The Board denied the Veteran's request to revise a March 1975 rating decision on the basis of clear and unmistakable error (CUE), finding that there was no clear intent to file a claim for a psychiatric disability, and that the medical evidence did not support such a claim. The decision also found that the VA doctor did not err in failing to diagnose a psychiatric condition.

The Veteran's abdominal scar was granted a separate 10 percent rating effective August 8, 2019.,Service connection for sleep apnea as secondary to PTSD is granted.

The Board denied a rating in excess of 30 percent for the Veteran's pseudofolliculitis barbae with scarring, finding that his condition is manifested by hyperpigmented follicles and scars under the beard and on the upper lip. The current evaluation of 30 percent reflects this presentation.

The Veteran's hearing loss is currently rated as zero percent disabling prior to November 14, 2017 and a 10 percent rating since that date.,The Veteran’s vision problems (macular scar of the right eye, glaucoma, cataracts) are not service-connected.

The Board has determined that the Veteran's appeal is being remanded for further development and consideration. The issues include a request for higher ratings for various knee conditions, allergic rhinitis, and sinusitis.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted, effective from August 1, 2012. The TDIU is granted subject to the statutes and regulations governing the payment of compensation.

The Veteran's TDIU claim is remanded due to the need for updated VA examinations addressing his functional impairment resulting from service-connected somatic symptom disorder and orthopedic disabilities, including degenerative disc disease with bilateral lower extremity radiculopathy and bilateral knee disabilities.

The Veteran's service-connected disabilities did not render her unable to secure or follow a substantially gainful occupation from December 16, 2009 to August 13, 2019.

The Veteran's appeal is denied as his service-connected conditions do not meet the criteria for a higher disability rating or TDIU prior to April 25, 2018.

The Veteran's appeals for increased ratings and effective dates have been dismissed. The claims for service connection for right knee disability, high cholesterol, and hypertension were denied as new and material evidence was not received to reopen these claims. Service connection for a psychiatric disability (PTSD), left hip disability, and depression has been granted.

The Veteran's claims for higher ratings of facial and posterior scalp scars, painful scars on the posterior scalp, and PTSD with depression and anxiety have been denied. The evidence does not support a finding that any of these conditions warrant a rating higher than the currently assigned 70 percent.

The Veteran's claims for increased ratings of his service-connected scars and left facial pain syndrome have been denied.,The Board has also remanded the issue of service connection for a low back injury due to insufficient examination.

The Veteran's claim for a higher rating for left foot hallux valgus with hallux rigidus, metatarsalgia, hammer toes, and scars was denied. A separate noncompensable rating is granted for each of the hammer toes and surgical scars from October 18, 2011. The Veteran's metatarsalgia is rated at 10 percent since that date.

The Board has remanded the Veteran's claims for an initial compensable rating for bilateral hearing loss and entitlement to a TDIU due to service-connected disabilities. The Veteran needs new VA audiological and employment impact examinations.