Scars decisions — 2023

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records.

The Board has granted the Veteran's request to restore his VA disability compensation benefits that were withheld due to incarceration, as his felony conviction was overturned on appeal.

The Board has granted service connection for residuals of right wrist fracture, right wrist scar, residuals of right knee arthroscopic meniscal repair, and right knee scars. The appeal is remanded for further development regarding a lower back condition.

The Board has remanded the TDIU claim due to procedural issues and the need for updated medical examinations. The Veteran's service-connected conditions, including his knee disabilities and depressive disorder, are being evaluated to determine their impact on his employability.

The Veteran's claims for higher ratings and increased ratings were denied. The appeal is also denied as the Veteran does not meet the criteria for a rating in excess of 50 percent for his combined bilateral plantar fasciitis or fibromatosis.

The Board has remanded the Veteran's claims for a right ear vestibular disorder, disfigurement associated with right tragus scars, and painful right tragus scar due to insufficient consideration of recent VA examination reports.

The Veteran's combined disability rating is 40 percent, which does not meet the threshold schedular requirement for a TDIU. The Board found that his service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board has remanded the issue of entitlement to SMC based on need for regular aid and attendance due to unclear evidence regarding whether the Veteran's service-connected disabilities require regular aid and attendance.

The Board has remanded the case due to unclear ratings for the Veteran's left thumb scar and needs clarification on the effective dates of the assigned ratings.

The Veteran's claim for an increased rating for right knee scars was granted. The claims for service connection of a left knee disorder and tinnitus were remanded due to the need for additional medical examinations.

The Board has withdrawn the Veteran's appeals for service connection of IBS, CTS (bilateral), allergic rhinitis, patellofemoral pain syndrome, and left knee scar. The claims for tinnitus and bilateral hearing loss have been reopened due to new evidence received since their final denial.

The Veteran's surgical scars are not manifest by any disabling effects not considered under Diagnostic Codes 7800-04, and thus a compensable rating for the scars is denied. The TDIU claim is remanded due to lack of information regarding the Veteran's employment status.

The Veteran's claims for increased ratings of various disabilities, including a right shoulder disability, bilateral pes planus, TBI, and other conditions were denied as the Veteran failed to appear at scheduled VA examinations.,Service connection claims for back disability, left foot disability, right elbow disability, and chest pain were also denied due to insufficient evidence linking these conditions to service.

The Veteran's right knee instability is granted a rating of 20 percent, effective from the date of the remand. Separate ratings for symptomatic residuals post-operative medial meniscectomy and scar residuals post-operative medial meniscotomy are also granted.

The Veteran's initial rating for scars of the right mastoid and ear, as well as his varicocele prior to June 30, 2016, was granted. From June 30, 2016, a higher rating for varicocele was also granted.

The Veteran's kidney transplant rating was reduced from 100% to 30%, effective May 1, 2015. The reduction is upheld as the current condition does not meet the criteria for a higher rating.

The Veteran's claims for increased ratings of her back disability, bilateral pes planus, and depressive disorder are being remanded due to the failure to report for necessary VA examinations without good cause. The issues regarding the rating of depressive disorder prior to October 2, 2015; from October 2, 2015, to August 3, 2020; and after August 3, 2020 are being remanded.

The Board has remanded the cases for further development due to insufficient evidence and need for updated examinations. Effective dates have not been assigned.

The Veteran's residuals of larynx cancer were granted a 10% rating prior to September 12, 2021 and denied any higher ratings thereafter.,For the period from April 4, 2017 to April 1, 2018, the claim for TDIU is remanded as additional information is needed.

The Veteran's cause of death is granted due to his service-connected coronary artery disease and diabetes, which materially contributed to his death. However, DIC under 38 U.S.C. § 1318 is denied as the Veteran did not meet the requirements for a total disability rating at any point prior to his death.