Scars decisions — 2020

The Veteran's claim for service connection for a cervical spine disorder was denied due to lack of evidence linking the condition to his military service. The RO reduced his disability rating for painful scars from 30% to 10%, effective December 1, 2017, based on improvement in his condition.

The Board has granted service connection for the Veteran's right and left knee ACL tears with joint osteoarthritis, as well as his surgical scars from a right knee replacement. The decision is based on evidence showing that these conditions are related to service.

The Veteran's right eye disability is rated at 30 percent, and a separate 10 percent rating for corneal scar has been granted. The claim for TDIU was denied as the service-connected disabilities do not preclude the Veteran from securing and following substantially gainful employment.

The Veteran withdrew his appeal regarding the increased rating claim for scapula scar.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, PTSD, and abdomen GSW scars have all been denied. The Board found that there was no evidence of a current disability in any of these conditions, or sufficient medical opinion linking them to service.

The Veteran's hypopigmented scar, right wrist/hand, was found to not meet the criteria for a compensable disability rating under any applicable diagnostic codes.

The Board has determined that a remand is necessary to obtain updated VA and/or private treatment records, schedule the Veteran for an appropriate VA examination(s) to determine his need for SMC based on the need for regular aid and attendance or on being housebound due to his service-connected disabilities, and address whether he meets the criteria for special monthly compensation.

The Veteran's cause of death is not related to his service-connected disabilities or service. The claim for nonservice-connected death pension and accrued benefits are also denied.

The Board has remanded the Veteran's claims for increased ratings for various knee and foot disabilities due to incomplete compliance with previous remand instructions, including a need for new VA examinations.

The Board has determined that the Veteran's claim for an earlier effective date of December 12, 2013, for a grant of service connection for major depression disorder is granted. The claims for service connection for a right foot scar and for an initial rating greater than 30 percent for major depressive disorder are remanded due to lack of current disability evidence. The Veteran's claim for TDIU based on his service-connected disabilities is also remanded.

The Veteran's scar residuals from a laceration of the fourth left finger are granted a compensable rating (10%) due to pain.

The Board has remanded the case due to insufficient evidence regarding the current severity of the Veteran's service-connected right inguinal hernia disability with a scar, including whether he was given a truss by his VA provider.

The Veteran's claim for an earlier effective date for his 10% disability rating for residuals of a scar on the left little finger was denied as it is not factually ascertainable that he experienced the required symptomatology prior to February 25, 2009.,An effective date of December 10, 2008 was granted for his service connection and 20% disability rating for left upper extremity radiculopathy. The earlier effective date is due to the first objective evidence of radiculopathy on December 10, 2008.,The Veteran's claim for an earlier effective date for his 30% disability rating for left upper extremity radiculopathy was denied as it is not factually ascertainable that he experienced the required symptomatology prior to March 19, 2013.

The Veteran withdrew all remaining issues associated with his appeal, including those related to surgical scars of a painful left knee, right hip strain, instability of the left knee, and left knee stable joint. As a result, the appeals are dismissed.

The Veteran's request for a higher disability rating for his service-connected superficial, stable scars on the right lower leg is remanded due to inadequate evidence from a previous VA examination.

The Veteran's service-connected disabilities rendered him unable to care for his daily needs, requiring the regular aid and attendance of another person. The Board finds that he needed assistance with all activities of daily living due to his service-connected disabilities.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation since September 18, 2014. The Board finds that the criteria for TDIU have been met and grants the claim.

The Board found that discontinuance of VR&E services based on a negative feasibility determination was proper due to the Veteran's significant physical health issues and extensive limitations in his activities. The appeal is denied.

The Board has denied the initial compensable rating for cervical and lumbar spine surgery scars, but has remanded the SMC claim due to insufficient evidence regarding the Veteran's need for aid and attendance or housebound status.

The Board found that the Veteran's right inguinal scar had improved and reduced his disability rating from 10% to noncompensable effective May 1, 2018.