Scars decisions — 2022

The Board has remanded the case due to a lack of substantial compliance with the November 2018 Board remand, specifically regarding the VA examination for assessing functional limitations caused by the Veteran's service-connected scar on his abdominal muscles.

The Board has remanded the issues of service connection for scalp scar, skin cancer (not specified), other skin condition (to include chloracne and dry skin on the feet), and sleep apnea. The Veteran's claims are pending as they have not yet been decided.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not render him unable to secure or follow substantially gainful employment.

The Board denied a compensable initial rating for the Veteran's service-connected right knee surgical scar, finding that the disability did not meet the criteria for any higher rating under the applicable VA rating criteria.

The Veteran's corneal scar of the left eye, resulting from a March 2006 PRP procedure at a VA facility, is not considered to be proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA. The Board denied compensation under 38 U.S.C. § 1151.

The Board has decided to remand several claims related to the Veteran's disabilities, including ratings for scars and radiculopathies of the lower extremities. The appeals are being sent back for further action.

The Veteran's surgical scars of the abdomen, flank, and left upper extremity areas were granted a disability rating of 20 percent from September 10, 2010 to December 13, 2018. A higher rating is denied throughout the appeal period.

The Board has remanded the issues of service connection for bilateral cataract disability and increased ratings for residuals of compound fracture, right wrist and left wrist. The Veteran's claims are currently under review.

The Veteran's appeals for increased disability ratings for right eye scarring and bilateral hearing loss have been dismissed due to the withdrawal of the appeal by his authorized representative.

The Veteran's service-connected scars of the knees and scar, post-operative residuals of left inguinal hernia are not rated higher due to their current manifestations. The separate rating for painful scars associated with the knees and left inguinal hernia is upheld.

The Board has remanded the Veteran's claims for service connection due to new evidence indicating current disabilities of hearing loss and scarring of the right upper arm that may be associated with events during his military service.

The Veteran's claim for service connection for diabetes mellitus type II was denied. The Board found that the evidence did not show a nexus between his in-service consumption of starchy food and his current diagnosis of diabetes mellitus type II, nor could it be presumed as chronic or continuous due to lack of in-service manifestations. The remaining issues were remanded for further development.

The Veteran's residual scar of the back is granted a 10% rating effective April 6, 2015. The Veteran's residuals of a left laminectomy at L4-5 are denied as his disability does not meet or approximate criteria for a higher rating.

The Board has granted a 20 percent rating for scar residuals of head trauma, but the issues of service connection for diabetes mellitus, ischemic heart disease, and TBI have been remanded due to insufficient evidence.

The Veteran's claims for increased ratings for hypogeusia and scars of the anterior trunk and bilateral underarms are being remanded due to incomplete development.

The Veteran's claims for increased ratings for scars and hallux rigidus were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's claims for service connection and increased ratings were denied in January 1982, March 2009, and the decisions are final.

The Board has decided that the Veteran's claim of entitlement to a compensable disability rating for his left eye scar requires further development due to incomplete medical records and conflicting examination results.

The Board has remanded the case due to a raised issue of entitlement to special monthly compensation (SMC) based on housebound status. The Veteran's disabilities do not meet the criteria for SMC at level S, but may still qualify for SMC if he is permanently housebound.

The Veteran's appeal involves multiple issues related to various service-connected conditions, including a higher rating for posterior fossa tumor ependymoma and left wrist neuropathy, as well as claims for earlier effective dates. The AOJ has remanded several of these issues due to procedural errors.