Scars decisions — 2023

The Board has remanded several issues related to the Veteran's claims, including effective date determinations and service connection for various disabilities. The appeal remains in appellate status.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that he is not unable to secure or maintain substantially gainful employment.

The Veteran's claim to reopen the right nephrectomy service connection is denied.,The Veteran's claims for a compensable rating for scars of the right great toe, right leg, left thumb, and left and right knees are denied.,The Veteran's claim for a rating in excess of 10 percent for hypertension is denied.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as there is sufficient evidence to substantiate that the Veteran is unable to secure or follow a substantially gainful occupation.

The Board has remanded three issues: right leg varicose veins, post-surgery; right leg scars; and a right ankle disability secondary to the varicose veins. The Veteran's claims are being remanded for additional examinations and opinions.

The Board has granted service connection for residuals of venereal disease and hysterectomy, finding that the Veteran's PID during military service caused her current conditions.

The Board has remanded several issues related to the Veteran's left knee disability, including initial increased ratings and service connection for various symptoms. The appeal is on-going with additional development needed.

The Board has determined that additional evidence was submitted after the April 2023 Supplemental Statement of the Case and must be considered before a final decision can be made. The claims are therefore being remanded for this purpose.

The Veteran's claim for TDIU is denied as it is not factually ascertainable that an increase in the severity of his service-connected disabilities occurred within a year prior to December 17, 2015. The effective date for the grant of TDIU remains December 17, 2015.

The Veteran's nasal fracture, right hip contusion and degenerative arthritis, surgical scars as residuals of liver transplant, anxiety disorder, and hypertension are all denied.,A rating in excess of the current evaluations for these conditions is not warranted.

The Board has determined that the Veteran's appeal was improperly placed in the AMA system and should be re-docketed under the Legacy system. The issues on appeal will be readjudicated, and a SOC must be issued for any issues the Veteran wishes to continue his appeal.

The Board has determined that the Veteran is in need of regular aid and attendance by another person due to her service-connected disabilities, which include PTSD, urinary incontinence, migraines, pelvic inflammatory disease, irritable bowel syndrome, knee conditions, and sexual arousal disorder. The decision grants SMC based on this need.

The Board has dismissed the Veteran's appeals for a higher rating for PTSD and for a compensable rating for a wrist scar. The appeal was withdrawn by the Veteran before any decision could be made.

The Board has granted a 10 percent evaluation for the Veteran's left elbow scar. The right knee disability claim is being remanded due to inadequate examination and need for an addendum opinion.

The Veteran's claim for service connection for a left hip disability, larynx disability, and scar of the lower abdomen has been reopened. The TDIU from September 18, 2017 to January 16, 2018 is granted.

The Veteran's right elbow scar is painful but stable and does not meet the criteria for a higher rating under DC 7804 or DC 7805.,The Veteran's superficial and nonlinear scar of the right fourth finger is not painful, stable, and does not meet the criteria for a compensable rating under DC 7802.

The Veteran's appeals for various conditions and benefits have been dismissed due to the death of the Veteran. The Board has no jurisdiction to adjudicate these claims as they are not about service connection.

The Veteran's claims for service connection and increased ratings are being remanded to obtain updated VA treatment records.,No effective date is provided as the appeal involves ongoing disability evaluations.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities is remanded. The Board requested a medical examination and opinion but found that the provided reports were not substantially compliant with their instructions.

The Veteran's service-connected disabilities render him unable to care for his daily needs without requiring the regular aid and attendance of another person, leading to a grant of special monthly compensation based on aid and attendance.