Scars decisions — 2023

The Veteran's claims for increased ratings for rotator cuff and bicipital tendon repair with degenerative arthritis, right shoulder; shoulder strain, left; and surgical scars, right shoulder are being remanded due to the need for additional examinations to assess current severity.

The Veteran's VA disability compensation benefits were restored for 35 days and reimbursed $1,764.00 due to improper withholding of benefits in FY 2012 and 2013.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for lumbar spine disability, a compensable rating for scars associated with lumbar spine disability, and a TDIU due to service-connected disabilities prior to June 8, 2021. The AOJ must consider new evidence received after the issuance of the June 2019 SOC.

The Veteran's service-connected disabilities alone did not preclude him from securing or following a substantially gainful occupation prior to January 24, 2019.

The Veteran withdrew his appeal, satisfied with the assigned 30 percent evaluation for total left knee replacement with scar.

The Board has remanded the case for a new VA examination to determine an appropriate disability rating for the Veteran's facial scars, which are associated with her service-connected urticaria with allergic dermatitis. The current ratings have been granted and will remain in effect until further notice.

The Board has remanded the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 due to incomplete records, conflicting evidence, and need for further examination.

The Veteran's appeal for a higher rating in excess of 10 percent for service-connected tinnitus on or at any time after February 16, 2011 has been withdrawn. The earlier effective date claims for scars and tinnitus have been granted.,The Veteran's claim for increased ratings for service-connected residuals of one scar on the chin with one characteristic of disfigurement (Diagnostic Code 7800) and painful residuals of one scar on the chin (Diagnostic Code 7804) is remanded.

The Veteran's application to reopen the previously denied claim for service connection for a heart disability was denied as new and material evidence was not received.,Service connection for a right lower extremity muscle disability was denied due to lack of diagnosed condition.,An increased rating in excess of 10 percent for hemorrhoids was denied as there is no evidence of persistent bleeding or anemia.,A compensable rating for the service-connected surgical scar, right knee, was denied as there are no disabling effects not considered under Diagnostic Codes 7800-04.

The Veteran's partial amputation of the left long, ring, and little fingers is granted a 30 percent rating. The right pectoral area scar and scars on the left hand are denied as not compensable.

The Veteran was granted a TDIU effective February 19, 2014, due to his service-connected disabilities.,Basic eligibility for Chapter 35 DEA benefits was also granted effective February 19, 2014.

The Veteran's appeal regarding the reduction of his evaluation for a painful, unstable, and non-healing left forehead scar from 20% to 10% was dismissed as he requested withdrawal of this issue during the hearing. The appeals for restoration of ratings for his lumbar spine, left knee, and right knee disabilities were granted.

The Board has granted earlier effective dates of March 1, 2021 for the awards of a TDIU, establishment of basic eligibility for DEA under 38 U.S.C. chapter 35, and SMC based on housebound status due to service-connected disabilities.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional VA examinations.

The Board has dismissed the claim for a compensable evaluation for scar, fibrosis of the left cheek above the upper lip. The remaining issues have been remanded: right knee disability, prostate disability (including prostatitis (BPH), chronic epididymitis, urinary dysfunction), chronic sinusitis (including allergic rhinitis), and chronic bronchitis (including asthma).

The Veteran's claim for a clothing allowance for menthol/M-salicylate topical cream and capsaicin cream is denied as there is no service-connected skin condition, and the creams do not cause irreparable damage to his outer garments.

The Veteran's claim for increased disability evaluations for left hip scars is remanded due to a pre-decisional duty-to-assist error in evaluating both service-connected scars.

The Veteran withdrew her appeal for the issue of entitlement to service connection for right ankle scars, and this appeal is dismissed.

The Veteran's claim for an initial compensable rating for scar, right upper extremity is remanded due to the need for a new VA examination and the submission of private treatment records.

The Veteran's left ankle sprain disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's painful scars are currently rated at 10 percent from December 27, 2018, and the Board finds that a higher rating is not warranted.