Scars decisions — 2023

The Board has determined that the Veteran's character of discharge for his second period of service from October 28, 2012, through March 18, 2016, is a bar to receipt of VA benefits. However, due to potential insanity at the time of misconduct, additional development is required to determine if this discharge should be considered non-barred.

The Veteran's earliest claim for service connection of left knee surgical scars was received on December 20, 1996. The effective date cannot be earlier than this date as the claim was not filed within a year of separation from active service.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on A&A or TDIU due to his ability to work and maintain employment.

The Board denied compensation under 38 U.S.C. § 1151 for left side of mouth and jaw nerve damage and neck scar esophagus secondary to lumbar spine degenerative arthritis with intervertebral disc disease, status post discectomy.,The decision found that the Veteran's complications were not due to carelessness, negligence, lack of proper skill, error in judgment, or some other instance of fault on VA's part.

The Board has remanded the Veteran's claim for a total disability rating for compensation based on individual unemployability due to service-connected disabilities (TDIU) prior to April 11, 2014. The case is referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's hypertension is granted as a result of the PACT Act, and rated at 100% effective from the date of enactment of the law (2022).

The Board has remanded the issues of bilateral hearing loss, tinnitus, and prostate cancer residuals for further development. The Veteran's dermopathy associated with diabetes mellitus, type 2, and diabetes mellitus are already at their maximum schedular ratings.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to May 26, 2021 was denied as the evidence did not support that he was unable to secure and follow substantially gainful employment due to his service-connected conditions.

The Veteran's malignant melanoma and residual right bicep scar have been rated at 10 percent since September 1974. The Board finds that a higher rating is not warranted as the Veteran's symptoms do not meet the criteria for any of the applicable disability ratings.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151, finding that his left ankle scars/wounds were not caused by VA carelessness, negligence, or similar instance of fault.

The Veteran's service-connected conditions result in the need for regular aid and attendance, which has been granted special monthly compensation.

The Board has remanded the cases due to incomplete documentation of the examiner's CV, which was not sent to the Veteran and his representative as instructed.

The Board has remanded the case due to incomplete documentation of the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. The issues are inextricably intertwined with the SMC loss of use claim.

The Board has dismissed the appeals for bilateral pes planus with plantar fasciitis and left posterior scar due to empyema drainage as they were granted service connection in a February 2021 rating decision. The appeal for obstructive sleep apnea is remanded.

The Board has remanded the Veteran's claims for cervical spine condition, lumbar spine degenerative disc disease with right sacral fracture, and related radiculopathy of the sciatic nerve. The issues are being remanded due to the need for additional medical opinions regarding the nature and etiology of the Veteran's cervical spine condition, as well as the severity of her lumbar spine condition, right lower extremity radiculopathy, and associated scar.

The Board has remanded the cases for additional development and opinion regarding service connection claims, particularly addressing whether the Veteran's disorders are secondary to his service-connected right knee disorder.

The Veteran's service-connected residual scar right index finger status post laceration is painful and warrants a 10 percent rating.

The Veteran's service-connected residuals of recurrent abscesses with scarring were found to have scars that did not meet the criteria for a compensable rating under VA regulations, as they were less than 929 square centimeters and not painful or associated with underlying soft tissue damage.

The Board has determined that the Veteran's claims for a compensable disability rating and an earlier effective date are remanded due to the need for updated medical records and examination. The service connection claim is also remanded as it was not fully adjudicated in the August 2018 rating decision.

The Veteran's rib cage and groin scars are rated at 10 percent, effective October 1, 2015. The initial rating for left lower extremity radiculopathy is also set at 10 percent, effective the same date. However, ratings for right ankle impairment and back impairment remain pending as they were remanded.