Scars decisions — 2023

The Board has remanded several issues related to the effective dates of service connection for various conditions, including stab wound residuals, abdominal scars, and PTSD. The Veteran's claims are also remanded for a VA examination to assess his PTSD.

The Board has granted revision of the November 1982 rating decision that continued a 10 percent disability rating for multiple residual shell fragment wound scars, and implicitly denied separate ratings for four individual painful scars. The decision finds clear and unmistakable error in not assigning four separate 10 percent ratings for the Veteran's painful scars.

The Veteran's service-connected disabilities have rendered her unable to secure or follow any form of substantially gainful employment, and the Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings for traumatic amputation of the left fifth digit and associated scar, as well as right ankle modified Brostrom ligament repair, were denied. The evidence did not meet the criteria for an increased rating under applicable VA regulations.

The Board denied all claims for increased ratings for the Veteran's knee disabilities, finding that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's claims for increased ratings for scars on the face, neck and scalp, right lower extremity scarring, and back scarring were denied. The Board found that the criteria for a higher rating were not met at any time.

The Veteran's service-connected right and left knee disabilities have resulted in a loss of use of both legs, warranting higher level SMC.

The Veteran's claims for service connection related to bilateral foot conditions, hearing loss, right hip disability, right hip scar, left hip disability, and left foot disabilities are being remanded due to the need for additional evidence.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for further development. The right ankle disability, including its complications such as arthritis and instability, remains under review.

The Board has remanded the Veteran's claims for additional development and evaluation, including obtaining medical opinions regarding his service-connected disabilities and any complications from VA treatment. The Veteran is seeking increased ratings or compensation for various conditions related to his military service.

The Veteran's claim for an initial rating of 10 percent for a left corneal scar is granted. The Veteran's claim for an increased rating in excess of 10 percent for her left ankle disability, characterized by limitation of motion, is remanded.

The appeal regarding the right knee scar is dismissed. The issues of service connection for a right ankle condition and an initial rating in excess of 10 percent for right knee patellofemoral pain syndrome are remanded.

The Veteran's single abdominal scar from his liver transplant is granted a 10 percent rating, effective as of the date of the decision.

The appeal to reopen claims for service connection for a left shoulder scar, back scar, and stomach scar is granted. The appeals to reopen the claims for service connection for back and stomach scars are denied.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, and referral to the VA Compensation Service Director for consideration of an extraschedular TDIU rating is not warranted.

The Veteran is seeking service connection for depression secondary to his service-connected right inguinal hernia repair. However, he failed to report to the scheduled VA examination and did not receive proper notification of the examination.,The Veteran's attorney requested a rescheduling of the mental disorders examination in February 2019, but it is unclear if the Veteran received proper notice.

The Board denied earlier effective dates for several service-connected conditions, including skin condition, flat feet, GERD, left knee condition, left wrist condition, and left wrist scar. The Veteran's fibromyalgia and hypertension were granted service connection.,Several issues are remanded for further review, including initial ratings for various disabilities.

The Veteran's claim for service connection for breast surgery residuals has been reopened and granted. The initial disability rating for her service-connected panic disorder is remanded, as well as the TDIU issue.

The Veteran's pseudofolliculitis barbae with facial scarring has been rated at 30 percent, which is the maximum rating available under current regulations. The Board found that the evidence did not support a higher rating based on the characteristics of disfigurement or instability.

The Veteran's chest scars are rated as non-compensable, with the scars measuring less than 144 square inches (929 sq. cm).,The Veteran's microscopic colitis is currently rated at 30 percent and does not meet criteria for a higher rating due to lack of severe disability with numerous attacks per year or malnutrition.,The Veteran's residuals of prostate cancer are rated as 40 percent, requiring absorbent materials changed less than two times per day. No higher rating is warranted based on urinary frequency or obstructed voiding.,Prior to September 22, 2022, the Veteran's coronary artery disease was rated at 60 percent, meeting criteria for a 60 percent evaluation.,From September 22, 2022, the Veteran's coronary artery disease is denied as no higher rating is warranted due to lack of severe disability with numerous attacks per year or malnutrition.