Scars decisions — 2022

The Board has reopened the previously denied claims for chronic foot pain and chronic right knee pain, granted service connection for tibial scars, and remanded several other issues due to lack of medical evidence.

The Board has granted an initial 10 percent rating for the service-connected scar, right lower abdomen, status post appendectomy.,The claim for service connection for bilateral hearing loss is remanded due to insufficient medical opinion.

The Veteran's right eye disability, including a corneal transplant and keratoconus in the left eye, was rated at 70 percent from May 17, 2016 to July 19, 2016. The rating was granted as his vision impairment met the criteria for severe bilateral vision impairment.

The Veteran's right foot disability and scar on the nose are granted service connection. The Veteran's right hip disability is remanded for further examination.

The Board has dismissed the appeals regarding the Veteran's scar and hemorrhoids as he withdrew his appeal prior to a decision being made.

The Veteran's appeals for increased ratings and service connection were denied. The rating for OSA was denied as his disability did not meet the criteria for a higher rating, while the left shoulder disability was also denied due to lack of evidence showing symptoms warranting a higher rating.

The Veteran's right knee condition has been rated at 10 percent for painful scars and 30 percent for instability since January 20, 2015. The Veteran also received a separate 60 percent rating from January 1, 2021 to January 27, 2021 for chronic residuals of right knee replacement.

The claim for service connection for bilateral hearing loss was denied due to lack of current disability. The claim for left lower extremity radiculopathy was denied as part of the January 2003 rating decision, which is final. The claims for vertigo and sunburn scars were addressed in the August 2016 rating decision.

The Board has granted the Veteran's claim for service connection for bilateral carpal tunnel syndrome, finding that it is as likely as not proximately due to or the result of his already determined service-connected electrical flashburn scars on his wrists and hands.

The Veteran's claim for an effective date earlier than October 13, 2011 for the grant of service connection for a left thigh scar has been denied. The Veteran is granted a rating of 10 percent for his left thigh scar, but no higher.

The Board has granted the Veteran's claim for service connection for a right eye disorder, initially claimed as bilateral eye disorder. The issue of service connection for a left eye disorder is being remanded.

The Board denied the Veteran's claim for an effective date prior to August 17, 2009 for the award of a Total Disability Rating Based on Individual Unemployability (TDIU) due to insufficient evidence showing that his service-connected disabilities increased in severity to the point where he was unemployable by reason of those conditions within one year prior to August 17, 2009.

The Veteran's initial claim for an increased rating for her left foot scars was denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.,For the period from December 29, 2016 to the present, the Veteran's claim for an increased rating for her left foot, left ankle, and right knee scars was also denied as there is no indication that these conditions warranted a higher rating than what she currently receives.

The Veteran's claims for increased ratings were denied. The scar from a fragment wound of the right thigh was not granted a compensable evaluation, and the left buttock scar received a 10 percent evaluation beginning July 23, 2018. For hearing loss disability, an evaluation in excess of 20 percent prior to October 1, 2020, and a compensable evaluation starting from that date were denied.

The Board found that the calculation of the combined disability rating for the Veteran's service-connected disabilities was correct, resulting in a 40 percent rating. The claim for a higher combined rating is denied.

The claim for service connection for thrombophlebitis of the left leg was reopened as new and material evidence was submitted, but further action is required to determine if it is related to service or a service-connected condition.

The Veteran's TDIU claim is remanded for referral to the Director of Compensation Service for extraschedular consideration under 38 C.F.R. § 4.16(b).

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for scars and burns to the left lower extremity, finding no evidence of fault on the part of VA in providing care.

The Veteran's service-connected scars of the chest, bilateral legs, and right forearm are granted a rating of 30 percent effective October 31, 2020.

The Veteran's cervical spine disability is rated at 30 percent since December 23, 2019. The earlier effective date of May 1, 2015 for the 30 percent rating assigned for degenerative arthritis of the cervical spine has been granted.,The Veteran's left and right shoulder disabilities are each currently rated at 20 percent since the appeal period began on May 1, 2015. The initial ratings in excess of these percentages have not been met.