Scars decisions — 2023

The Board has dismissed the appeals for service connection of left hip disability and left hip scar due to the death of the appellant.

The Board has decided that the severance of service connection for right knee, left knee, and left knee scar disabilities was not proper. Service connection is restored for these conditions. The claims for service connection for a back disorder and an acquired psychiatric disorder are remanded due to outstanding VA treatment records.

The Veteran's Fuchs corneal dystrophy is remanded for a new examination to assess the current severity of his condition and its relationship to other eye conditions. Service connection for retinal edema, scarring, ocular hypertension, and optic nerve edema are also remanded due to insufficient evidence in the record.

The Board has determined that a remand is necessary to correct a pre-decisional duty to assist error and obtain a VA examination for the claimed acquired psychiatric disorder.

The Veteran's VA compensation benefits were improperly terminated from September 16, 2016 to January 8, 2018 due to fugitive felon status. The reduction of his benefits from January 9, 2018 to June 9, 2018 was also improper due to incarceration.

An increased rating of 20 percent for the Veteran's left knee condition is granted from April 5, 2019 to May 26, 2020.,The effective date for service connection of the right knee scar is set at October 12, 2017, and for the left knee scars at July 31, 2014.

The Board dismissed the Veteran's motion alleging clear and unmistakable error (CUE) in the June 1979 and September 1981 rating decisions, as these decisions did not adjudicate the issue of a separate compensable rating for painful scars associated with his service-connected bilateral pes planovalgus.

The Veteran's claim for an increased rating in excess of 100 percent for TBI with neurocognitive disorder, arachnoid cyst, and PTSD is dismissed. The claim for a compensable rating for the lumbar spine scar is also dismissed.

The Board has remanded the Veteran's claims for hepatitis C, anxiety disorder, hypertension, skin disability, right knee disability, and left knee disability due to insufficient medical evidence. The Veteran will need to undergo VA examinations to determine the current nature of these conditions and their likely etiology.

The Veteran's appeal was dismissed as he withdrew his claims for sleep apnea and alopecia. His claim for chronic sinusitis was granted with a 50% rating, which is the maximum available. The appeals for right foot metatarsalgia, erectile dysfunction, TBI, headaches (migraines), facial scarring of the left eyebrow, and sebaceous cyst removal scar were denied. The appeal for inguinal hernia and hypertension was also dismissed.

The Board has remanded the Veteran's claims for service connection for an eye disability and a bilateral hearing loss disability due to inadequate VA examinations, failure to obtain private treatment records, and insufficient reasons and bases in the decision.

The Veteran's PTSD and CAD with sinus bradycardia are not rated higher than the current assigned ratings. The rating for scars on the right foot is denied.

The Veteran's claim for a compensable rating for non-Hodgkin's lymphoma and scar, right upper chest was denied. The effective date of the award of service connection for non-Hodgkin's lymphoma based on exposure to contaminated water at Camp Lejeune was denied as it is not earlier than March 14, 2017.

The Board denied the Veteran's claim for service connection for kidney transplant/removal and scaring, as secondary to his service-connected diabetes mellitus due to a lack of medical evidence linking these conditions to his active duty service.

The Veteran's claim for a TDIU was denied as his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.

The Board has dismissed the appeals for an initial rating more than 10 percent for right foot/ankle Achilles tendon rupture and an initial compensable rating for scar, surgical repair of right Achilles tendon.

The Veteran's left elbow skin graft scar was awarded an effective date of January 1, 1969. The right hip chondrocalcinosis (impaired extension) and bilateral hearing loss ratings were denied earlier than March 3, 2022. The PTSD rating remains at the maximum schedular rating.

The Board has denied the Veteran's claims for a compensable rating for degenerative arthritis of his right little finger and an initial compensable rating for his scar on his right little finger. The evidence did not support higher ratings under any applicable diagnostic codes.

An effective date of August 12, 2013, and no earlier, for the grant of service connection for scar residuals associated with a left foot amputation is granted.,An effective date of August 12, 2013, and no earlier, for the grant of service connection for a painful scar associated with a left foot amputation is granted.,A compensable rating for scar residuals associated with a left foot amputation is denied.,A rating in excess of 10 percent for a painful scar associated with a left foot amputation is denied.

The Veteran's PTSD was rated at 50% prior to June 30, 2022. A private psychiatric evaluation in June 2022 showed the Veteran met criteria for a 100% rating for PTSD as of that date. The effective date is set at June 30, 2022.