Scars decisions — 2023

The Veteran's claim for a compensable disability rating for traumatic amputation of the right second and third toes was denied. Effective dates of August 31, 2012 were granted for service connection of right foot scars and right foot neuropathy.

The Veteran's claim for attorney fees based on past-due benefits awarded in an August 2021 rating decision was dismissed as the appellant no longer wished to pursue the appeal.

The Board denied requests for earlier effective dates for the grants of service connection for various lower extremity radiculopathies and painful surgical scars, as well as intervertebral disc syndrome.

The Board has determined that the Veteran does not have a Cesarean section scar and therefore, service connection for this condition is denied.,The Board has also determined that the left ankle disorder is related to reserve service and thus, service connection is granted.

The Veteran's appeals for an increased disability rating for scalp scars and a total disability rating based on individual unemployability have been dismissed due to the withdrawal of all issues by the Veteran's counsel.

The Veteran's prostate cancer and related disabilities were denied service connection due to lack of evidence showing onset or relationship to service.,Service connection for PTSD was also denied, as the Veteran did not provide sufficient evidence to show that his condition manifested in service.

The Veteran's cervical spine, bilateral knee, left shoulder, right ankle, and right ankle scar disabilities have been granted service connection.,Residuals from a head injury (including traumatic brain injury and headaches) and bilateral detached retinas are remanded for further examination.

The Board has remanded the case to refer the issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities for extraschedular consideration. The AOJ is directed to obtain an opinion from the Director of Compensation Service regarding this matter.

The Veteran's claims for service connection were denied as they were received within one year of his separation from active service, and the effective dates cannot be earlier than August 1, 2013.

The Veteran's neurogenic bladder is rated at 40 percent, which adequately compensates for his condition.,The Veteran's irritable bowel syndrome (IBS) is currently rated at 30 percent and the evidence does not support a higher rating.

The Veteran's claim for a compensable disability rating for scar, lumbosacral spine associated with lumbosacral strain with degenerative arthritis and spinal stenosis is denied. The Board has also remanded the Veteran's claims for increased ratings for bladder cancer during specific periods of time.

The Veteran's lymphatic system disability (Castleman's disease) and skin disabilities have been remanded for further review due to new evidence received since the last denial.

The Board has determined that the Veteran's service records have not been fully verified and additional development is needed to determine his periods of active duty, ACDUTRA, INACDUTRA, and FTTD. The AOJ must also obtain all outstanding complete service treatment records and service personnel records from the United States Navy, the United States Navy Reserve, the Kansas Air National Guard, and the Colorado Air National Guard.

The Board has ordered the AOJ to complete several actions related to the Veteran's claim for additional VA disability compensation benefits under the CRDP program, specifically for the period prior to March 1, 2010. The AOJ must obtain all relevant VA records and DFAS audit error worksheets, perform a paid and due audit, and readjudicate the claim.

The Veteran's claim for an increased rating for service-connected residual scars of the left wrist due to ganglion cyst was denied as their scars do not meet the criteria for a higher evaluation.

The Veteran's service-connected bilateral pes planus is granted, and an initial compensable rating of 10 percent for his right knee scar is granted. The Veteran's claim for a higher rating for his degenerative arthritis prior to September 10, 2020, remains pending.

The Veteran was engaged in substantially gainful employment prior to December 7, 2018. The Board found that his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment during the rating period on appeal.

The Veteran's right shoulder scar was previously rated as noncompensable, and the Board is remanding the case to correct a duty to assist error by obtaining relevant medical records.

The Board has denied service connection for a right forearm scar and remanded the claim of service connection for an acquired psychiatric disability.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include depression, as secondary to his service-connected disabilities is denied. The Veteran is granted a 60 percent rating for prostate cancer. The Veteran's claim for increased rating of atherosclerotic cardiovascular disease with myocardial infarction and coronary artery bypass graft is denied. The Veteran's claim for compensable rating for residual surgical scar anterior chest is denied.