Scars decisions — 2022

The Veteran withdrew his claim for a higher rating for his pilonidal cystectomy scar on the sacrum, and the Board dismissed the case as a result.

The Veteran's use of hydrocortisone 1% cream, triamcinolone acetonide 0.1% cream, and miconazole nitrate 2% cream for service-connected skin conditions is approved as a clothing allowance for the year 2013.

The Veteran's lumbosacral spine disability is being remanded for additional examination and rating considerations.

The Board denied an increased rating for bilateral inguinal hernia, finding that the evidence did not support a higher rating as the Veteran's hernias were not well supported by truss or belt and not considered inoperable.,The Board also denied an increased rating for residual scars from inguinal hernia repairs. The VA examiners found no unstable or painful scars, and the scars did not cover areas of at least 6 square inches (39 sq. cm.).

The Board has decided to remand the case due to inadequate examination and lack of clear and unmistakable evidence regarding pre-existing acne. The Veteran's claim for service connection for acne, including residual scarring, is now pending.

The Veteran's service-connected disabilities, including migraines, asthma, bilateral pes planus, and others, have prevented her from securing or maintaining substantially gainful employment since June 26, 2014.

The Veteran's initial claim for a compensable rating for scars on the right chest was granted from July 30, 2013 to March 19, 2014. Since then, his claim has been denied as there is no evidence of painful or unstable scars that would warrant a higher rating.

The Board has remanded the claims for hypertension, pseudofolliculitis barbae, scars of the face and neck, and TDIU prior to June 7, 2016 due to inadequate examination reports. Further evaluations are needed.

The Board dismissed the appeals regarding a higher initial disability rating for the service-connected back scar and an earlier effective date for service connection. The reduction from 40% to 20% in the disability rating for degenerative arthritis of the lumbar spine was found proper based on clear and unmistakable error (CUE) in the January 2016 rating decision.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not meet the criteria for service connection or an increase in rating for most of his conditions.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) for the entire period of appeal, beginning January 15, 2002. Additionally, SMC at the housebound rate was granted from June 23, 2015 through June 18, 2017.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, which is granted.

The Board has remanded the Veteran's claims for an increased disability rating and initial ratings for his right elbow disabilities due to inadequate examination reports. The case will be returned for further development.

The Veteran's claims are being remanded due to the need for additional development and examination of her service-connected conditions. The issues include TDIU, a higher rating for an acquired psychiatric disorder, earlier effective dates for service connection, and various other disabilities.

The Veteran's service-connected disabilities, including chronic obstructive pulmonary disease, require the regular aid and attendance of another person due to their severity. The Board finds that SMC based on aid and attendance is granted.

The Veteran's TDIU claim is granted effective March 27, 2018. Effective November 4, 2020, the Veteran's SMC claim is also granted.

The Board denied the Veteran's request for an earlier effective date for service connection of residuals, scar, status post varicocele due to lack of a timely notice of disagreement and failure to submit additional evidence within one year of the September 2005 rating decision.

The Board denied a rating in excess of 20 percent for the Veteran's service-connected left forearm scars, finding that the evidence did not show five or more unstable or painful scars. The current 20 percent rating is upheld.

The Veteran's left thigh scar is not rated as compensable, and he is denied SMC based on aid and attendance or housebound status. The low back condition issue remains pending due to the need for additional evidence.,Compensation under 38 U.S.C. § 1151 for loss of left leg below the knee amputation requires obtaining informed consent documents from VistA Imaging.

The Board has remanded the case due to inconsistencies in the VA examination reports regarding the number and size of scars, as well as their pain. A new VA examination is required to clarify these details.