Scars decisions — 2022

The Veteran's lumbar spine scar is granted a 10% rating, but not higher.,Service connection for migraine headaches has been reopened and the claim is remanded for further development.

The Board has determined that further medical examination is needed to determine if the Veteran's service-connected disabilities alone meet the necessary criteria for eligibility for assistance in acquiring a certificate for SAH or an SHA grant. The examiner must consider whether the Veteran's ambulation impairment and need for a wheelchair are related to his service-connected spine and left ankle disabilities or due to a nonservice-connected CVA.

The Board denied earlier effective dates for various service-connected disabilities, finding no clear and unmistakable error in the original rating decisions.

The Board has remanded the claims for service connection for various disabilities, including hypertension and scars on the stomach and left side colostomy pouch. The Veteran's hypertension is granted as incurred in service. Other claims are remanded to obtain additional medical opinions.

The Veteran is granted special monthly compensation for regular aid and attendance due to her service-connected disabilities, including posttraumatic stress disorder, bowel incontinence, degenerative arthritis of the spine with degenerative disc disease thoracic spine and lumbar disc disease status post fusion, right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (sciatic nerve), status post total right knee replacement, chondromalacia patella left knee with arthrotomy and osteoarthritis (limitation of extension), chondromalacia patella left knee with arthrotomy and osteoarthritis (instability), right lower extremity radiculopathy (femoral nerve), left lower extremity radiculopathy (femoral nerve), right knee scars, left knee scar, female sexual arousal disorder, surgical scar of the neck area, surgical scar of the anterior trunk, and surgical scars of the lumbar spine.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, hypertension, gastritis, left and right knee disabilities, sinusitis with headaches, left foot scar, and adjustment disorder with anxiety are not supported by evidence of a current disability. The issues have been remanded to obtain additional medical opinions regarding these conditions.

The Veteran's prostate cancer is service-connected, but his ureteral cancer and throat disorder are not found to be related to service or any service-connected condition.

The Veteran's appeal for a TDIU rating is being remanded due to the need for updated evidence and an examination. The Board will consider whether his service-connected disabilities alone are of sufficient severity to produce unemployability.

The Board has remanded the case for a VA examination to determine if any right eye conditions are diseases or defects, and whether they were caused by service. The Veteran's history of trauma during service is also being considered.

The Veteran's claims for heart disorder, lung disorder (COPD), and left shoulder disorder are being remanded due to the need for additional development and examination.

The Veteran's hypertension is granted as a result of herbicide agent exposure.,The scar on the right hand does not warrant a compensable rating.,Higher or separate ratings for hip disabilities are denied.,Increased ratings for knee conditions are granted.,Right knee instability and meniscal tear of the right knee are also granted.

The Veteran's claims for increased ratings for her service-connected scars are being remanded due to the need for additional examination and clarification of underlying soft tissue damage.

The Board denied the Veteran's requests for earlier effective dates for the grants of service connection for right and left knee disabilities and knee scars, finding that December 8, 2016 is the earliest possible effective date based on the date of receipt of his petition to reopen the claims.

The Veteran's right knee scars are rated at 20 percent since April 28, 2014. One scar is both painful and unstable.

The Board has denied the Veteran's claim for an evaluation in excess of 10 percent for surgical scars status post right nephrectomy and status post ventral hernia repair, finding that a single painful scar warrants only a 10 percent rating throughout the appeal period.

The Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to May 2, 2019.

The Veteran's appeal for increased ratings and a total rating based on individual unemployability was dismissed due to his death. The Board must dismiss the appeal without prejudice as it is not possible to continue the appeal after the Veteran's death.

The Veteran's claim for a compensable disability rating for residual surgical scars of bilateral bunionectomy was denied as the scars were not painful or unstable and did not interfere with use of his feet.

The Board has granted service connection for malignant liposarcoma and its residuals, finding that the evidence is at least evenly balanced as to whether this disability is related to service. The Veteran was diagnosed with malignant liposarcoma with residual scarring during service when he had a skin growth removed.

The appeal for service connection of chronic eye disorder and a higher rating for the right hand scar is dismissed due to the appellant's death.