Scars decisions — 2023

The Board has remanded the Veteran's claims for increased ratings due to incomplete records and a need to obtain additional treatment information from private sources.

The Board has decided to remand three issues related to the Veteran's service-connected disabilities: a rating in excess of 40 percent for lumbar spine disability, a rating in excess of 50 percent for acquired psychiatric disability, and a compensable rating for scar, status post L5 microdiskectomy. The decision is based on the need for new VA examinations due to the passage of time since the last evaluations.

The Board has remanded the case due to insufficient evidence regarding the Veteran's prostatectomy residuals, specifically missing examinations for male reproductive organ and scar conditions. The Veteran is advised that he must cooperate with scheduling of these exams or a formal finding will be made.

The Board denied the Veteran's appeal regarding his concurrent receipt of VA disability compensation and drill pay for 30 training days during fiscal year 2016, finding that the presumption of regularity was not rebutted by the Veteran.

The Veteran's radiculopathy of the right lower extremity was rated at 10 percent prior to June 20, 2022, and at 20 percent thereafter. The Board found that a higher rating is not warranted.,The Veteran's residual scar associated with intervertebral disc syndrome did not meet the criteria for a compensable disability rating.

The Veteran's reduction in disability rating from 10% to 0% for a scar of the left knee was not proper, and therefore his disability rating is restored to 10%. His claim for an increased rating for painful scarring of the left knee was denied. The extension of temporary total evaluations due to treatment or convalescence for a service-connected left knee disability were granted.

The Veteran's claim for service connection for dizziness as secondary to his service-connected diabetes mellitus is denied.,The Veteran's claim for service connection for kidney transplant/removal and scaring as secondary to his service-connected diabetes mellitus is remanded.

The appeal regarding entitlement to a higher rating for TBI is dismissed. A rating in excess of 10 percent for tinnitus is denied. The remaining issues are remanded.

The Veteran's service connection claims for knee disabilities and scars are granted. The Board finds additional development is needed to address the Veteran's shin splints.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, evaluation of scars status post laceration of the left thumb and left index finger, and TDIU due to issues with VA communication and examination scheduling.

The Veteran's scar of the cervical spine is not found to have any disabling effects, and therefore does not meet the criteria for a compensable rating under Diagnostic Code 7805.

The Veteran's initial compensable rating for a surgical scar status post lumbar decompression L4-S1 is granted. The Board has also remanded the issue of service connection for sleep apnea due to insufficient medical opinion.

The Veteran's claims for service connection for memory loss and chronic fatigue syndrome (CFS) have been expanded to include psychiatric disabilities.,The Veteran's scars from umbilical hernia repair and ulnar nerve release are not rated higher than the current levels.

The Veteran's claims for earlier effective dates have been denied as the earliest possible effective dates are March 31, 2016 and April 12, 2017.,The Veteran's claims for increased ratings and service connection have been remanded to obtain additional medical evidence.

The Board has decided to remand the case due to the Veteran's failure to appear for a VA examination, and also because of his incarceration.

The Veteran withdrew his appeal before the Board could make a final decision. As a result, the appeal is dismissed.

The Board has decided to remand two issues: one regarding an increased rating for a neoplasm of the kidney and another for a compensable rating prior to November 9, 2022 for a surgical scar on the left posterior back. The remand is due to non-compliance with previous directives and the need for additional medical opinions.

The Veteran's service-connected disabilities do not by themselves cause him to require aid and assistance in accomplishing the activities of daily living and render him unable to protect himself from the hazards and dangers of his daily environment. Therefore, SMC based on the need for aid and attendance is denied.

The Board has remanded the case for additional development due to need for a VA examination and for obtaining outstanding records.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied as the VA treatment did not cause additional disability, and any scrotal scars were a reasonably foreseeable outcome of the treatment provided.