Scars decisions — 2023

The Veteran's appeal for an initial compensable rating for his right inner thigh scar prior to August 8, 2023, and a rating in excess of 20 percent thereafter was denied. The Veteran did not meet the criteria for a higher rating under Diagnostic Code (DC) 7801 or DC 7802.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the current issues on the appeal, including a VA examination for TBI and contemporaneous examinations for other disabilities.

The Veteran's appeal for higher ratings for his left eye disability is being remanded due to the need for a new VA examination.

The Board has remanded the Veteran's claims for left cheek lichen simplex chronicus and left cheek scar due to newly associated VA treatment records. The AOJ must consider all new evidence since the December 2019 Statement of the Case.

The Board has remanded the Veteran's claims for increased ratings due to an outdated VA examination and a need for a retrospective medical evaluation. The AOJ is instructed to obtain such information.

The Veteran's left middle finger scar and disability were previously denied, but the Board has determined that a compensable rating is warranted for the scar from July 8, 2023. The disability remains in dispute.,From July 8, 2023, the Veteran's service-connected left middle finger disability (arthritis) warrants a rating in excess of 10 percent.

The Board has remanded the cases due to the need for additional medical evidence and an examination.

The Veteran's claims for service connection and evaluations of various disabilities are being remanded due to the need for additional development, including obtaining medical records and verifying his periods of service.

The Board has granted service connection for acquired psychiatric disorder (insomnia disorder), lumbosacral strain, left elbow lateral epicondylitis, left wrist degenerative arthritis, rhinitis, sinusitis, tinnitus, leftward septal deviation, nose and neck scars, and urinary disability (manifested by increased frequency).,The Board found the evidence to be approximately evenly balanced as to whether these conditions had their onset during or are related to service.

The Veteran's appeal for increased initial ratings for a heart disorder and scar has been dismissed due to their death. The Board does not have jurisdiction to adjudicate the merits of this appeal.

The Veteran was granted an effective date of February 26, 2013 for a total disability rating based on individual unemployability (TDIU) and basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) benefits due to his service-connected disabilities.

The Board has granted earlier effective dates of May 11, 2013 for the awards of service connection for various conditions including PTSD and major depressive disorder with TBI residuals, migraine headaches, left knee osteoarthritis with chondromalacia patella, right knee osteoarthritis with chondromalacia patella, thoracolumbar spine degenerative disc disease, tinnitus, and scars of the bilateral knees, left calf (other impairment).

The Board has reopened the Veteran's claim for service connection for a low back disorder and remanded it due to need for further examination. The Veteran's claim for hypertrophic scar on the right shoulder is granted.

The Veteran's pilonidal cyst status post excision and scar are being remanded for further evaluation due to recent surgery requiring multiple procedures and ongoing pain.

The Veteran's claim for a higher rating for his service-connected intervertebral disc syndrome and lumbar scars has been remanded due to the need for additional examination to assess the severity of these conditions. The initial compensable rating for the lumbar scar condition is granted, but the issue of a higher rating for IVDS remains pending.

The Veteran's claim of service connection for hallux valgus, depression and anxiety, a bilateral eye condition, a tracheotomy scar, a neck condition, and costochondritis has been remanded due to the need for additional medical examination.,Service connection is being considered on the merits for these conditions.

The Board denied service connection for breast cancer with double mastectomy, heart disability secondary to breast cancer, tachycardia, left ventricular dysfunction secondary to breast cancer, surgical scarring (residual of breast cancer), lymph node removal (residual of breast cancer), loss of sensation on the right side (residual of breast cancer), and hysterectomy. The Board found that there was no evidence linking these conditions to service.,The Board also denied service connection for stroke, finding that there was no evidence linking it to service.

The Board has found that remand is necessary due to inadequate opinions regarding the Veteran's heart condition, hypertension, colon cancer, and scar tissue surgery. The AOJ must determine if the Veteran was exposed to herbicide agents or toxic chemicals during service and obtain new medical opinions addressing the nature and etiology of these conditions.

The Veteran's right knee scar is granted a disability rating of 10 percent, effective from the date of the decision.

The Veteran's claim for a rating of 10 percent for his left inguinal hernia repair scar is granted. The issues of service connection for an acquired psychiatric condition, left hip condition, and right hip condition are remanded.