Scars decisions — 2022

The Board has dismissed the Veteran's claims for a compensable evaluation and earlier effective date for lumbar spine surgical scar. The remaining issues of increased evaluations for low back disability, radiculopathy, TDIU, and severance of service connection are remanded for further development.

The Veteran's claims for temporary total evaluations under 38 C.F.R. � 4.29 and 38 C.F.R. � 4.30 are denied as there is no evidence of hospitalization or surgery with convalescence due to a service-connected disability during the appeal period.

The Board has determined that the VA examinations and opinions are inadequate for the issues of service connection for scars, muscle disability, seventh facial nerve disability, left eye disability, residuals of a radial necrectomy, left jugular vein removal, and parotid gland removal, all secondary to skin cancer. These claims must be remanded again due to non-compliance with previous instructions.

The Veteran's claim for compensation under 38 U.S.C. § 1151 due to an esophageal perforation and its residuals is remanded as the existing record does not contain a medical opinion addressing this question.

The Veteran's claims for increased ratings were denied. The rating reduction for the right femur scar was upheld, and a new rating of 0% effective March 6, 2020 was granted. For peripheral neuropathy, a higher rating than 30% after September 18, 2019 was not granted.

The Veteran's initial compensable ratings for surgical scars of the anterior mid-neck and left upper chest have been denied.,The Veteran's initial compensable rating for cancer of the tonsils, to include post-surgical scarring of the palate and pharynx and deviation of the uvula to the left (excluding dry mouth symptoms or limitation of neck motion), has also been denied.

The Board has denied service connection for a low back condition and an initial compensable disability rating for a right knee surgical scar.

The Veteran's service connection for obstructive sleep apnea is denied, but he is granted a TDIU based on his service-connected disabilities.

The Veteran's claims for service connection have been granted. The Board found that the left ankle scar, toe scarring of the left foot, and right toes are related to service-connected disabilities or cold injury residuals. However, the claim for a mass on the left thigh was denied as there is no evidence linking it to service.

The Veteran's service-connected disabilities do not render him incapable of performing daily activities or require regular assistance to protect himself from hazards, thus SMC based on the need for aid and attendance is denied.

The Veteran's bilateral shoulder and knee scar disability is granted a 20 percent evaluation, effective September 1, 2014. The right shoulder scar is denied an evaluation greater than 10 percent since February 10, 2021.

The Veteran's initial claim for a compensable rating for his surgical scar, right lower extremity, was denied. The issue of service connection for a left leg scar with numbness has been withdrawn.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for headaches and dizziness is moot as the benefits are already provided through his existing service-connected disabilities.

The Veteran's service-connected disabilities, including right knee and hip replacements, have rendered him unable to secure or follow substantially gainful employment since June 28, 2015.

The Veteran's appeal is being remanded due to the need for further examination and evaluation of his right shin splints, which may affect the rating for his right knee disability. The claim for a compensable rating for right knee arthroscopic surgical scars remains denied.

The Veteran's left knee total arthroplasty with residual scar is rated at a 60 percent, effective May 1, 2017.

The Veteran's TDIU claim was remanded due to issues with the Board's analysis of his educational history and work capacity. The case is now being returned for further consideration.

The Board has granted a 10% rating for the Veteran's residual scar, status post-lumbar left laminectomy. The scar is painful but not unstable.

The Board has determined that the Veteran's February 2007 claim for a 'right hand scar that is tender' reasonably encompassed a related claim for a right wrist and right hand disability. The November 2011 Board decision implicitly denied this claim, and as the Veteran did not appeal this implicit denial, it remains final. The matter of service connection for a right wrist and right hand disability is REMANDED due to the need for updated VA treatment records and an examination.

The Veteran is granted TDIU and SMC at the housebound rate due to service-connected disabilities, effective July 19, 2018.

The Board has remanded the Veteran's claims for service connection due to incomplete records and unresolved issues regarding his disabilities. The claims will be reviewed again with additional evidence and examinations.