Scars decisions — 2022

The Veteran's claims for increased ratings for his service-connected gastric cancer and associated scar were denied. The Board found that the evidence did not support an extraschedular rating for the stomach cancer, as it did not present marked interference with employment or frequent periods of hospitalization. For the abdominal scar, a 10 percent rating was upheld.

The Veteran's service connection claims for right and left ear hearing loss, right shoulder disorder, obstructive sleep apnea, gastroesophageal reflux disease (GERD), and right upper extremity scars have been granted. The claim for a right shoulder disorder is denied.

The Board has granted an initial 10 percent rating for the Veteran's nose scar, finding that it meets one characteristic of disfigurement as evidenced by palpation revealing both elevation and depression.

The Board has determined that additional development is needed in the form of a VA examination to assess the Veteran's current nasal scar condition. The psychiatric disability claim is also remanded for further evaluation.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not meet the criteria for a higher rating for her residuals of cesarean section, urinary frequency and urinary stress incontinence, or painful scar. Her claim for service connection for female sexual arousal disorder was granted.

The Veteran's claims for increased ratings and special monthly compensation are being remanded due to the need for additional medical opinions, updated private records, and a VA aid and attendance examination.

The Board has decided that the earlier effective dates for service connection of various disabilities are remanded due to incomplete documentation regarding scheduling of VA examinations.

The Veteran's claim for restoration of a separate rating for thoracic spine disability was denied as the original decision granting separate ratings was clearly and unmistakably erroneous.,The Veteran is granted TDIU based on his service-connected disabilities, which meet the percentage requirements.

The Veteran withdrew his appeals regarding the service connection for a head injury, scar on the head, and headaches, as well as the initial rating for bilateral hearing loss.

The Veteran's appeals for a compensable evaluation for bilateral hearing loss, right knee scar status post arthroscopy, and TDIU have been dismissed as the Veteran withdrew his appeal prior to the Board's decision.

The Veteran's claims for increased ratings and effective dates are being remanded due to procedural issues. The Board will issue a Statement of the Case (SOC) in response to these claims.

The Veteran's previously assigned 10 percent rating for his service-connected status post head injury with residual left temporal scar was restored due to his willingness to report for a VA examination.

The Veteran's need for aid and attendance is remanded due to the presence of nonservice-connected conditions that contribute to his need, and a VA examination is required to assess solely his service-connected disabilities.

The Veteran's appeal is being remanded for additional examinations and consideration of the issues related to his service-connected conditions, including bruxism (claimed as teeth grinding), migraine headaches, PTSD, lumbar strain, reactive airway disease, rheumatoid arthritis of the bilateral knees, tinnitus, restless leg syndrome, left elbow chronic epicondylitis, right foot plantar fasciitis, allergic rhinitis, status-post right 4th metacarpal fracture, bilateral shin splints, erectile dysfunction, scars on the bilateral knees and left elbow, right great toe onychomycosis, and acne.

The Veteran's service-connected conditions do not require the regular aid and attendance of another person at any point during the period on appeal, thus his claim for SMC based on need for regular aid and attendance is denied.

The Board has determined that the service connection claims for hidradenitis suppurativa and scars (extremities and trunk) as secondary to hidradenitis suppurativa need further examination and consideration due to inadequate previous examinations.

The Veteran's claim for special monthly compensation (SMC) at the housebound rate prior to May 28, 2019 was denied as he did not meet the criteria of being permanently and substantially confined to his immediate premises due to service-connected disabilities.

The Veteran's right ring finger scar was granted service connection as it resulted from an injury during his active service. The Veteran's right hand disability and head trauma residuals are remanded for further evaluation.

The Veteran's service-connected disabilities, including diabetes mellitus and peripheral neuropathy of the lower extremities, have rendered him unable to secure or follow substantially gainful employment since April 12, 2010. The Board has granted TDIU based on this finding.

The Board has remanded the claim for a TDIU due to service-connected disabilities, including chest wall discomfort and osteoarthritis of the left hand. The case is being remanded for an addendum medical opinion addressing the combined effects of the Veteran's service-connected disabilities on his occupational functioning.