Scars decisions — 2023

The Veteran's claims for increased ratings for seborrheic dermatitis and degenerative changes, residual of fracture of the fifth right metacarpal and scar are being remanded due to incomplete records and inadequate examination reports.

The Veteran's appeal is being remanded to verify his service in the Ohio Air National Guard and determine if any periods of deployment were federal service. The claims for service connection will be reconsidered after this verification.

The Veteran's right neck residual surgical scars are rated at 10 percent from August 24, 2016, and a separate rating of 10 percent for painful neck scars is also granted from January 23, 2020.,Both ratings are effective as of the dates noted above.

The Veteran's claim for a compensable rating for bilateral hearing loss has been denied, and the case is remanded due to the need for updated VA examination. The Veteran's TDIU claim is also remanded as his employment history needs clarification.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance or housebound status is denied because he does not meet the criteria for either SMC rate.

Effective September 26, 2013, the Veteran was granted service connection for type II diabetes mellitus and its related disabilities including diabetic retinopathy, right below the knee amputation status post right foot transmetatarsal amputation (Lisfranc amputation), peripheral neuropathy of both upper and lower extremities, and a scar from the amputation. Special monthly compensation was also awarded based on loss of use of a creative organ.

The Veteran's migraine headaches are now rated at 50 percent, effective from the date of the decision. The initial 20 percent rating for his scar, left hip, is granted and will remain in effect.

The Veteran's claims for service connection and increased ratings were denied. The Veteran was granted a higher initial rating of 20% for burn scars on the left upper extremity, effective September 23, 2014. Other conditions had either noncompensable or lower initial ratings.

The Board dismissed the Veteran's appeals regarding earlier effective date for tinnitus and increased rating for scars as they were not properly raised in his VA Form 9.

The Veteran's service-connected disabilities, including adjustment disorder with depressed mood and multiple musculoskeletal conditions, prevented him from maintaining substantially gainful employment from September 25, 2019, to December 22, 2022. The Board granted a TDIU for this period based on the combined disability rating of 70 percent.

The Board has remanded the claim of entitlement to an initial rating in excess of 10 percent for asbestos related pulmonary disease with pleural scarring due to further development.

The Board has remanded the cases for further development and examination due to insufficient evidence in some areas, particularly regarding the Veteran's left hand and wrist scarring and her left knee disability.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for various conditions, including those secondary to a hysterectomy and/or medication prescribed post-surgery, was denied as the evidence did not support that these conditions were caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's service-connected PTSD is found to be related to his current diagnoses of OSA, hypertension, GERD, heart disease, and stroke. The Veteran's headaches are rated as 50% disabling throughout the appeal period.

The Board has decided to remand the claim for a total disability rating based on individual unemployability (TDIU) due to issues with scheduling an examination and obtaining employment history.

The Veteran's claim for service connection for residuals of breast reduction surgery with scarring is granted. The Board also remanded the issue of entitlement to a compensable rating for service-connected migraine headaches.

The Veteran has withdrawn his appeals for the issues of entitlement to a compensable rating for service-connected left second finger digital nerve mononeuritis and nonlinear scar, as well as for bilateral pes planus, pseudofolliculitis, chronic bronchitis, chronic eye condition, sleep apnea, and lumbar spine degenerative joint disease.

The Board has remanded the claims for earlier effective dates for service connection due to conflicting medical opinions and a need for further examination. The Veteran's kidney cancer is presumed related to exposure at Camp Lejeune, but an earlier effective date may be warranted based on specific facts of his case.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the RO must reassess his TDIU claim for the entire period on appeal.

The Veteran's claim for an initial compensable disability rating for residuals of TBI was denied. The Veteran's migraine headaches were granted a 50% disability rating, but the ratings for painful scar of the right great toe and residual scar of the right great toe remain at non-compensable levels.