Scars decisions — 2023

The Veteran's appeal for an initial compensable rating for scar, right achilles, is remanded due to procedural issues with the original submission of his NOD.

The Veteran's tension headaches are rated at 30 percent for the entire appeal period, and his recurrent abscesses with lichen simplex chronicus and residual scarring are rated at 10 percent prior to March 9, 2021, and 20 percent thereafter.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for an esophageal perforation and its residuals, as well as gastrointestinal discomfort, shortness of breath, painful scar, and an acquired psychiatric disorder with insomnia, has been denied because the evidence does not show that additional disability was incurred due to VA's carelessness or negligence.

The Veteran's appeals for service connection have been granted, and the Board has remanded several issues including bilateral hip disability other than arthritis, acquired psychiatric disorder (PTSD and depression), and sleep apnea.

An effective date of July 26, 1970, but no earlier, for the award of service connection for left wrist scar has been granted. Effective June 4, 2009, service connection was established for bilateral hearing loss and tinnitus. An effective date prior to June 25, 2010, for the award of service connection for migraine headaches is denied.

The Veteran's claim for service connection for a right knee disability has been reopened and granted. The Board finds that the evidence supports a finding of in-service onset and continuity of symptoms, warranting service connection.,For his residuals, shrapnel to left quadricep, the Veteran is not entitled to an increased rating as there is no evidence of moderate or more severe impairment.

The Veteran's bilateral hearing loss is being remanded for further examination to determine if it is related to service.,The Veteran's genitourinary disability is being remanded for an addendum opinion from the June 2022 VA examiner to determine its relationship to service.,The Veteran's right wrist CTS is being remanded for an addendum opinion from the November 2022 VA examiner to determine if it is related to service.,PTSD and other specified depressive disorder (hereinafter PTSD) are being remanded for further examination to determine if they are related to service.,Right leg shin splints are being remanded for an addendum opinion from the June 2022 VA examiner to determine their relationship to service.,Left leg shin splints are being remanded for an addendum opinion from the June 2022 VA examiner to determine their relationship to service.,Allergic rhinitis is being remanded for an addendum opinion from the January 2023 VA examiner to determine its relationship to service.,Dermatitis is being remanded for an addendum opinion from the January 2023 VA examiner to determine its relationship to service.

The Board has remanded the claims for service connection due to the Veteran's failure to report for VA examinations. The Veteran is required to attend a VA examination at a closer location and efforts should be made to contact him.

The Veteran's appeal is remanded for further examination and opinion regarding his claims of bilateral hearing loss, headache disability, left wrist ganglion cyst with residual scar, and anterior trunk scar.

The Veteran's appeal is being remanded due to the submission of additional medical evidence. The AOJ will review this new evidence and readjudicate his claims.

The Board has remanded the Veteran's claims for service connection for a back disability and peripheral neuropathy of the bilateral lower extremities due to insufficient medical opinions regarding the etiology of his conditions.

The Veteran's claims for increased ratings and a temporary total rating were denied. The Veteran was granted a one-month temporary total rating for convalescence, but his claims for higher ratings for degenerative arthritis of the lumbar spine and scar status post spinal fusion remain denied.

The Veteran's claim for service connection for thrombocytopenia was granted in June 2020. The Veteran's migraine headaches were caused by exposure to jet fuel as well as his service-connected thrombocytopenia. A 10 percent disability rating for right knee painful scar from April 25, 2014, forward is granted.

The Board denied an extraschedular rating for the lumbar spine disability prior to April 28, 2015 and granted a TDIU from February 1, 2010 onwards. The decision also noted that the Veteran's combined rating was at or above 70% throughout the appeal period.

The Board has dismissed the appeals for service connection and rating related to diabetes mellitus, erectile dysfunction, and lymph gland infection residuals with scar. The appeals were dismissed due to the Veteran's death.

The Board has determined that additional development is needed for the issues on appeal, including a new VA examination to evaluate the current level of severity of the service-connected disabilities. The remanded issues include evaluations for painful scars and scar tissue damage associated with ganglion cysts in the Veteran's right wrist.

The Board has remanded the claims for service connection for a lumbar spine, cervical spine, and acquired psychiatric disorder. The right knee increased rating claim is also being remanded.,The Veteran's TDIU request is inextricably intertwined with these other claims.

The Board has granted service connection for a scar of the left eyelid, finding that the Veteran's pre-existing condition worsened during service and was aggravated by military service.

The Board denied the Veteran's claim for service connection for excision atypical nevus of right heel, finding that her condition is not related to military service.

The Veteran's post-pilonidal cystectomy scar is rated at 10 percent, which is the maximum rating available under current VA regulations.,Right knee osteoarthritis has been rated at 10 percent for limitation of flexion and a compensable rating (20%) for limitation of extension. The Veteran also received a separate 10 percent rating for right knee instability.