Scars decisions — 2023

The Board denied the Veteran's claims for earlier effective dates for service connection of PTSD, TDIU, and DEA benefits. The appeal was dismissed for an earlier effective date claim regarding SMC benefits prior to February 28, 2018.

The Veteran's right shoulder scar was not found to meet the criteria for a compensable rating as it did not result in underlying soft tissue damage, covered an area of 929 square centimeters or greater, was unstable or painful, or resulted in any disabling effects.

The Veteran's claim for TDIU is granted as of March 12, 2018. The effective date for the grant of service connection for hypertension was March 11, 2022.

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's kidney stones and scarring from the condition were found to have manifested within one year of her service discharge, warranting presumptive service connection.

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 requested withdrawal of his appeal for increased ratings related to his service-connected coronary artery disease and scar secondary to the condition. The Board dismissed the appeal as a result.

The Veteran's lumbar spine disability is granted as service-connected. The right and left lower extremity radiculopathy are also granted as secondary to the service-connected lumbar spine disability.,Service connection for cervical spine disability, diabetes, or painful scars of the upper extremities is not warranted.

The Veteran's claim for a higher rating for his service-connected erythema nodosum, including scarring, is being remanded due to the need for clarification on the extent of his scars and further examination.

The Board has granted service connection for anxiety disorder, diabetes, basal cell carcinoma of the left cheek, and a right ear hearing loss disability as secondary to service-connected conditions. Service connection was denied for residuals of a left submandibular abscess.

The Veteran's claims for increased ratings for his lumbar spine disability are remanded due to the inadequacy of the August 2018 VA Back Conditions examination.

The Veteran's appeal has been dismissed as he withdrew his appeals for several of the service-connected conditions and rating increases.

The Veteran's request for a higher rating for her painful scar of the right hip and a 20 percent rating for her right ankle disability are denied. The Board finds that a remand is necessary to determine if the Veteran has a lumbar spine disability due to her service-connected bilateral hip disabilities.

The Veteran's service connection for left hand arthritis and the earlier effective date of his service connection for a left elbow scar are granted. The Veteran is also assigned an initial 10 percent rating for his service-connected left elbow scar.

The Board denied the Veteran's appeal, finding that the grant of service connection for lumbar spine degenerative arthritis was clearly and unmistakably erroneous due to a misrepresentation of his active duty service duration.

The Veteran's claim for a higher rating for his service-connected chloracne with residual scarring of the face and upper back is remanded due to a pre-decisional error in notifying him about a scheduled examination.

The Veteran's service-connected right upper extremity disabilities prevent him from securing and following substantially gainful employment, warranting a TDIU effective January 31, 2019.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment from June 7, 2017, to May 17, 2018.

The Board has remanded the case due to a disagreement with the initial rating assigned for the right hip scar. The Veteran's testimony at his hearing suggested he experienced muscle issues related to the scar, but there is doubt about his credibility regarding these symptoms. The Board will schedule an examination to determine if the scar involves any muscle groups and assign an appropriate rating.

The Veteran's claims for service connection for various conditions were denied, and the Board found no basis to assign an earlier effective date.