Scars decisions — 2023

The Board has remanded the case for a VA examination to determine the nature and etiology of the Veteran's claimed obstructive sleep apnea. The effective dates for increased ratings on neck scar, right upper chest scar, and left elbow and wrist scars are denied.

The Board has remanded the case due to insufficient development and referral for extra-schedular TDIU consideration prior to April 14, 2021. The Veteran's service-connected disabilities are expected to impact his ability to work.

The Veteran's appeal for special monthly compensation (SMC) for aid and attendance was denied because the evidence did not show that his service-connected disabilities alone rendered him in need of regular aid and assistance.,Initial ratings higher than 10 percent for hypopigmented scars, residual of cervical fusion, and scars, status post cervical fusions were also denied as there was insufficient evidence to support these claims.

The Veteran's claim for an earlier effective date for TDIU is denied. The Veteran does not qualify for DEA benefits prior to his current effective date of March 25, 2019. SMC based on housebound criteria was granted as of that same date.,The Veteran's claim for an earlier effective date for basic eligibility to DEA benefits is denied. The Veteran did not meet the criteria at the time of his TDIU award and thus cannot qualify for DEA benefits prior to March 25, 2019.,SMC based on housebound criteria was granted as of March 25, 2019.

The Veteran's claims for service connection for acquired psychiatric disorder and a 30 percent rating for scar were granted effective November 10, 2022. The Board denied requests for earlier effective dates.

The Board has remanded the cases for further development due to a pre-decisional error in fulfilling the duty to assist. Specifically, a medical opinion is needed regarding whether the Appellant was insane at the time of his discharge.

The Veteran's appeal includes multiple issues, including service connection claims and rating determinations for various conditions. The reduction of the PTSD rating was restored, but other claims remain pending.

The Board has granted an earlier effective date of September 14, 2018 for the award of special monthly compensation (SMC) based on the Veteran's service-connected disabilities.

The Veteran's claim for an initial compensable rating for a left leg scar is denied as he does not have a scar on his left leg.

The Veteran's claimed bilateral shoulder, neck, left arm, left finger, and back disorders were not incurred in or caused by service. The disorders were not aggravated by, proximately due to or the result of service-connected disabilities.

The Board denied the Veteran's claim for a TDIU, finding that her service-connected disabilities do not render her unable to secure or follow substantially gainful employment.

The Board has remanded the case for further development and consideration of whether the Veteran is entitled to a total rating based on individual unemployability (TDIU) due to his service-connected disabilities. The issue will be referred to the Director of Compensation Service for extraschedular consideration.

The claim of service connection for a low back disability (claimed as scoliosis) has been reopened, and the Veteran's left knee scars are denied an initial compensable rating.,VA is remanding the issue of whether the Veteran's low back disability is secondary to her service-connected right knee disability.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on aid and attendance, but she is eligible for a certificate of eligibility for financial assistance in acquiring specially adapted housing.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment from March 2016 to November 24, 2019.

The Board has remanded the case for further development to determine any residuals associated with the Veteran's postoperative wounds, pain or whether a belt.

The Veteran withdrew his appeal for an increased rating for his service-connected scar disability, and the Board dismissed the appeal as a result.

The Veteran's service-connected disabilities rendered him unable to tend to basic functions of self-care and required the regular aid and attendance of another individual, leading to a grant of SMC based on aid and attendance. The issue of entitlement to SMC at the housebound rate is moot due to the inclusion of this benefit.

The Veteran's claim for an increased level of special monthly compensation (SMC) is denied as he does not meet the criteria for SMC at the rate specified under 38 U.S.C. § 1114(r). The Veteran was previously granted SMC based on his need for regular aid and attendance due to multiple service-connected disabilities.

The Veteran's service-connected conditions, including hemorrhoids and hypertension, were found to not meet the criteria for a compensable rating at any point during the appeal period.,For post-operative arthroscopy with degenerative joint disease of the left ankle, the evidence did not support a disability rating in excess of 10 percent.