Scars decisions — 2023

The Board has remanded two claims for a compensable rating for right inguinal hernia and surgical scar, as additional evidence was added to the record since the January 2020 statement of the case. The Veteran's VA treatment records from November 2022 to the present need to be obtained.

The Board granted service connection for bilateral knee scars effective August 19, 1997. The Veteran's claim was not earlier than this date as the period for filing a Substantive Appeal had not yet begun to run due to an incorrect mailing address.

The Veteran's appeal is remanded for further evaluation and consideration of his service-connected conditions, including PTSD, inguinal hernias, rotator cuff injuries, and ankle fractures. The claims are also remanded to determine if new evidence has been received to reopen claims for knee conditions.

The Veteran's appeal of the December 2018 rating decision was not timely perfected, and the Board has waived this issue in order to address the merits of his claims.

The Veteran's claims for effective dates and initial ratings related to Dupuytren's contracture of the right hand and associated scars are being remanded due to a duty to assist error.

The Veteran's claim for an increased rating for a right mandible surgical scar was denied because he failed to appear at the scheduled VA examination without showing good cause.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities, effective August 10, 2022. The claim for TDIU is dismissed as the service-connected prostate cancer alone grants a 100% schedular rating and special monthly compensation (SMC) under 38 U.S.C. § 1114(s).

The Veteran's appeals for increased ratings and separate ratings for his left hand/finger disabilities have been dismissed as the Veteran has requested to withdraw all issues on appeal.

The Veteran's appeal is being remanded for additional development to assess the severity of his service-connected bilateral lower extremity radiculopathies and right thumb disabilities, including scars.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance or on account of being housebound is denied. The Board found that he does not meet the criteria for SMC at either the aid and attendance rate or the housebound rate.

The Veteran's appeal is denied as the evidence does not support an extension of the 100% evaluation for his period of convalescence beyond January 1, 2018. The rating in excess of 10% from September 18, 2020, and compensable rating for service-connected anterior trunk scars are also denied.

The Veteran's 30 percent rating for PFB and right forehead scar post laceration was reduced to a noncompensable rating in November 2018. The Board found the reduction improper, and reinstated the 30 percent rating effective February 1, 2019.

The Veteran's major depressive disorder with anxious distress and generalized anxiety disorder is granted a 70 percent evaluation, effective from the date of this decision.

The Veteran's claim for a rating in excess of 60 percent for CAD prior to November 10, 2017 was denied. Effective December 30, 2015, the Veteran received service connection for scars related to his CAD and right lower lateral abdomen.,An effective date of December 30, 2015 but no earlier for the award of service connection for scar, right lower lateral abdomen is granted.,An effective date of December 30, 2015 but no earlier for the award of service connection for scar, CAD is granted.

Service connection is granted for prostate cancer and hypertension associated with herbicide agent exposure under the PACT Act.,The Veteran's service in Korea from June 1968 to January 1969 was presumed due to his exposure to herbicide agents.

The Veteran's claim for increased ratings for his right wrist disability and right wrist scars was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or scars, as the current ratings were already at their maximum.

The Board has decided that the Veteran's claim for service connection for post-operative residuals of allergic rhinitis surgery including a scar should be remanded due to additional evidence being added to the claims file.

The Board has remanded the case due to errors in rating and for an updated medical opinion regarding the Veteran's right knee prior to September 21, 2017.

The Board has determined that the Veteran's service-connected disabilities, particularly his lumbar spine and lower extremity musculoskeletal and neurological conditions, necessitate regular aid and attendance of another person. The evidence is in relative equipoise as to whether these conditions result in the need for such assistance.

The Veteran's claim for service connection for bilateral hearing loss was denied as there is no evidence of a current disability during the appeal period.,The Veteran's claim for an initial compensable rating for his residual scar of the left index finger was also denied due to lack of evidence showing that the condition resulted in any disabling effects not already contemplated by the rating criteria.