Scars decisions — 2023

The Veteran is granted a 30% rating for his service-connected neck scars and cervical tuberculosis adenitis, effective January 27, 1997.

The Board has granted service connection for cervical spine disorder with radiculopathy, a scar (neck), and left upper extremity radiculopathy. However, the effective dates for these grants are denied as they were not based on new evidence or SDRs.

The Board has dismissed the Veteran's appeals for a higher rating for his lumbar spine disability and TDIU, as well as his initial claim of a 10 percent rating for his midline lumbar scar. The Board found that the Veteran withdrew these claims during his hearing.

The Board has determined that new and relevant evidence has been submitted to support the claims of service connection for CAD, high blood pressure, DM, prostate cancer, erectile dysfunction, incontinence, and scars. The claims are being remanded due to concerns about herbicide exposure near the Korean DMZ.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since January 10, 2017. The Board has determined that the criteria for TDIU were met as of January 10, 2016.

The Board has dismissed the claim for service connection for a scar on the back of the neck. The claim for service connection for bilateral hearing loss is remanded.

The Board has granted special monthly compensation (SMC) based on the need for aid and attendance due to the Veteran's service-connected disabilities, which include posttraumatic stress disorder, right knee limitations, tinnitus, left ear hearing loss, and other conditions. The evidence shows that the Veteran requires significant assistance with daily activities such as dressing, bathing, grooming, and attending to hygiene needs.

The Veteran's esophageal carcinoma status post esophagectomy with recurrent anastomotic stricture is rated at 30 percent, and the evidence does not show that it permits liquids only.,The Veteran's scars are rated based on their size under the current VA rating criteria. The pre-August 13, 2018 ratings were used for these cases.,Neither of the Veteran's scar disabilities meet the criteria for a compensable rating.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran has withdrawn all of his pending claims and appeals, including those related to bronchitis, dermatitis, tremors, chronic fatigue syndrome, right knee strain, low back strain, multiple scars on the left side of body, sinusitis with headaches, radiculopathy of the right lower extremity sciatic nerve, left shoulder rotator cuff tendonitis with degenerative arthritis, and irritable bowel syndrome.

The Board has dismissed the appeals for ischemic heart disease, right lower extremity peripheral neuropathy, and surgical scars on the chest as the appellant withdrew her appeal.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for further development of the evidence.

The Veteran's TDIU claim is granted due to the combined effect of his service-connected disabilities, which render him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected PFB with neck scarring is characterized by a skin condition covering less than 5 percent of the entire body and less than 5 percent of the exposed areas affected, and involves only treatment with topical, non-systemic therapy. The Board denied an initial compensable rating for this condition.

The Veteran's claims for earlier effective dates and increased ratings have been withdrawn.,The Veteran's claim of entitlement to an earlier effective date for the grant of service connection for spondylolisthesis has been dismissed as a matter of law.

The Board has remanded several issues for readjudication due to the submission of additional evidence since the last decision. The Veteran is requested to waive AOJ consideration of this new evidence.

The Board has remanded the Veteran's appeal for further development due to inadequate VA examinations and new evidence of increased severity of his service-connected psychiatric disability.

The Veteran's pes planus was granted a 50% rating prior to September 22, 2015. The Board found that the Veteran is unemployable due to his service-connected disabilities and granted TDIU.

The Board has decided to remand the cases for additional development, including VA examinations. The Veteran's right knee condition and scar are rated more than 10 percent but need further evaluation.

The Veteran's tarsal tunnel syndrome in the left ankle was granted a 10 percent rating from September 28, 2010 to October 14, 2014 and a 20 percent rating thereafter. The left ankle scar received a 10 percent rating which is maintained. The low back disability claim remains pending.