Scars decisions — 2023

The Veteran's right knee scars were granted a 20 percent rating from November 12, 2019, to March 10, 2021. The Veteran's right knee degenerative joint disease was denied any increase in ratings.

The Veteran's TDIU claim is dismissed as moot due to his receipt of a 100% schedular rating for residuals of TB, effective April 26, 2011. The Board has referred the issue of entitlement to a TDIU on an extraschedular basis prior to April 26, 2011, to the Director of Compensation Service.

The Board has remanded several service connection claims for further development due to new evidence submitted by the Veteran. The remaining issues are related to right wrist, shoulder, and low back conditions.

The Board has dismissed the appeal for a compensable evaluation for right foot scars due to the Veteran's withdrawal of her appeal. The cases of specially adapted housing, special home adaptation grant, and financial assistance for an automobile or other conveyance are remanded.

The Veteran's service-connected disabilities have rendered her helpless as to need regular aid and attendance of another person, warranting SMC based on aid and attendance from April 21, 2021.

The Board denied the Veteran's claims for increased ratings for left flank scar and left ear hearing loss, as well as service connection for hypertension. The decision found that there was no current diagnosis of hypertension and that the evidence did not support a finding of direct service connection.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of cervical spine surgery was denied as the surgery did not cause an additional disability, and there is no evidence that it caused his current condition.,The Veteran's TDIU claim was granted due to his service-connected major depressive disorder which precludes him from securing or following substantially gainful employment.

The Board dismissed the Veteran's appeals for increased ratings for right and left total knee replacements, but granted SMC based on a need for regular aid and attendance due to his service-connected disabilities.

The Veteran's appeal is being remanded due to a duty to assist error in the February 2019 VA examination report. The claims for increased ratings for right knee disability and right knee scar are being remanded to obtain a new VA examination.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of February 26, 2010. Effective that date, the Veteran is granted an effective date for his TDIU and eligibility to Chapter 35 Dependents' Educational Assistance.

The Veteran's claim for a rating greater than 30 percent for pes cavus with bilateral painful callous formation and hammer toes on each foot, status-post hammer toe correction with degenerative arthritis was denied.,The Veteran's claims for compensable ratings for residual scars right foot/toes and left foot/toes were both denied.,The Veteran's claim for an effective date earlier than October 3, 2022, for his residual scars right foot/toes was also denied.

The Veteran's lumbosacral radiculopathy of the left lower extremity is granted a 20% rating, effective February 7, 2012. The Veteran's surgical scar of the lumbosacral spine is granted a 10% rating on and after September 19, 2019. The reduction in the rating for lumbosacral degenerative disc and joint disease from 20% to 10% is restored.

The Veteran's claims for increased ratings for his service-connected pulmonary tuberculosis, minimal and residual scar associated with pulmonary tuberculosis, minimal are being remanded due to a failure to obtain adequate VA examinations.

The Veteran's left great toe condition and corresponding functional impairment, including during flare ups, results in a disability analogous to severe foot disability. A 30 percent rating is granted for the left great toe condition throughout the appeal period.

The Veteran's claim for an effective date of August 16, 1999, for the grant of service connection for residual surgical scar associated with right testicle removal is granted. The Board finds that his original August 16, 1999, claim reasonably encompassed a claim for his residual surgical scar.

The Board has granted service connection for a left eye scar incurred during active duty. The appeal was withdrawn for other issues, including increased disability ratings and service connection.

The Veteran's service-connected disabilities, including PTSD and multiple other conditions, have rendered him unable to secure or follow substantially gainful employment. Effective March 10, 2021, the Veteran is granted a TDIU rating of 100%.

The Veteran's claim for a compensable rating prior to December 16, 2015, and a rating in excess of 20 percent thereafter for his scar residual of left lower extremity varicose vein surgery is remanded due to the need for updated treatment records and a new VA examination.

The Veteran's initial rating for a left knee scar, residual of left knee arthroscopic surgery, from October 2, 2015 to the present, is denied. A 30 percent rating, but no higher, for left knee, Osgood-Schlatter's disease, from December 1, 2015 to the present, is granted.

The Veteran's combined rating for service-connected disabilities prior to December 21, 2016 is determined to be 100 percent.