Scars decisions — 2023

The Veteran's migraine headaches are rated at 50 percent effective March 21, 2017. The claim of a higher rating for residuals of pilon fracture of the right tibia with arthritis and scar on the right iliac crest donor site is remanded.

The Veteran's left femur disability, including associated knee issues, was granted a 30 percent rating effective prior to May 8, 2017.

The Veteran's service-connected lateral collateral ligament sprain of the left ankle is granted a 20 percent rating, effective from the date of the decision. The initial compensable and excess-of-rating claims for residual surgical scar and painful scar are remanded.

The Board has remanded the case due to inadequate examination and failure to address relevant evidence of scarring. The Veteran's left eye ptosis and/or scarring are being examined again to determine if they are related to service.

The Board has remanded the case to submit it for referral to the Director of Compensation Service for extraschedular consideration of a TDIU due to service-connected disabilities, as the schedular percentage threshold criteria are not met but there is evidence of unemployability.

The Veteran's aortic valve replacement with scar is granted at a 60 percent disability rating prior to August 27, 2019. TDIU and DEA are also granted from this date.

The Veteran's claim for PCAFC benefits is remanded due to the lack of a denial letter in the claims file and failure to meet the criteria outlined in 38 U.S.C. § 5104.

The Board has granted the Veteran's claim for service connection for a left forearm scar, finding that it is etiologically related to his in-service injury and accepting his lay statements as sufficient proof of the incurrence of an injury.

The Veteran's service-connected disabilities, including bilateral varicose veins with loss of use of both feet and right distal medial lower leg scar, have rendered him in need of regular aid and attendance due to his inability to dress, bathe, prepare meals, manage medication, and attend to the wants of nature. The Board has granted SMC based on aid and attendance.

The Veteran's VA disability compensation benefits were reduced due to his felony incarceration, which was proper as he was incarcerated for more than 61 days and received his first payment on October 1, 2018.

The Veteran's appeals for increased ratings in excess of 20 percent for right lower extremity radiculopathy and a scar, status post discectomy lumbar spine are dismissed as they were not part of the AMA appeal system.

The Board has denied service connection for right and left knee disorders, as well as an initial compensable rating for a forehead scar.,There is no evidence of any current bilateral knee disorder that began during active service or is related to in-service injury or disease.

The Veteran's bilateral eye injury with corneal scars did not result in an irregular, duplicated, enlarged, or diminished image and did not cause incapacitating episodes during the relevant period. Therefore, a compensable rating is denied.

The Veteran's service-connected disabilities (right knee degenerative joint disease, right knee instability, left ankle fracture, and left ankle scar) are rated at a combined 40 percent prior to June 1, 2017. The Board finds that these conditions do not render the Veteran unemployable for substantially gainful employment due to service-connected disabilities alone.

The Veteran's TDIU claim for the period prior to September 11, 2011 is being remanded due to failure to refer it for extraschedular consideration.

The VA denied the Veteran's appeal as the withholding of compensation benefits to recoup separation pay in the amount of $18,660.07 was proper.

The Veteran's claims for increased ratings for left wrist scar and eczema are being remanded due to the need for a supplemental statement of the case (SSOC) with respect to additional medical evidence.

The Board has remanded the Veteran's claims for service connection for a right hamstring muscle tear and a scar on the right knee due to insufficient evidence in previous examinations.

The Veteran's increased disability ratings for left thigh scars and right and left leg scars are granted, with a maximum rating of 20 percent for the left thigh scars and 10 percent for the right and left leg scars.

The Board denied the Veteran's claims for an effective date prior to June 6, 2017 for the grant of service connection for left knee osteoarthritis and scars. The decision is based on the finality of previous rating decisions and the lack of a pending claim before the current effective date.