Scars decisions — 2023

The Board has determined that the Veteran's service-connected heart disability does not warrant a rating in excess of 60%, and his service-connected painful anterior trunk scar warrants a compensable (10%) rating. The claims are remanded for further development.

The Board has granted the Veteran's earlier effective date claim for a 10% evaluation for service-connected laceration scar of the left hand, finding clear and unmistakable error in the December 1972 rating decision that assigned a noncompensable initial evaluation.

The Veteran's appeal for retroactive pay for the period from March 3, 2022, to September 30, 2022 is denied as he has already received the proper disability compensation amounts.

The Board has remanded the claims for service connection for right wrist, bilateral knee, and right ankle conditions due to insufficient examination findings. The initial compensable rating claim for left inguinal hernia scar remains denied.

The Veteran's bilateral pes planus was granted service connection, while his bilateral bunions and depression were denied. His scar #1 and testicle removal were also denied.

The Veteran withdrew his appeal for a rating in excess of 30 percent for residual scars of the right face and neck. His TDIU claim is dismissed as moot due to his receipt of SMC.

The Veteran's initial compensable rating for left knee scars was denied.,The Veteran's claim for an increased rating for left lower extremity radiculopathy is remanded.

The Veteran's scar, status post umbilical hernia repair and painful scar, status post umbilical hernia repair are currently rated noncompensably. The Veteran's status post umbilical hernia repair is also rated noncompensably.,The Veteran's chronic left ankle deltoid ligament strain condition remains at 10 percent.

The Board has determined that the appellant is not entitled to an effective date prior to July 6, 2016 for the grant of service connection for status post right inguinal hernia repair and prior to October 16, 2018 for the grant of service connection for painful scar, status post right inguinal hernia repair.,The Board has also determined that the appellant's claims for a compensable disability rating for status post right inguinal hernia repair, a compensable disability rating for scar status post right inguinal hernia repair, and an initial disability rating in excess of 10 percent for painful scar, status post right inguinal hernia repair are remanded. Additionally, the appellant's claim for TDIU is also remanded.

The Veteran's acquired psychiatric disorder, left shoulder condition, right shoulder condition, back condition, and abdominal scars have been granted service connection. The Veteran is assigned a disability rating of 100% for his abdominal scars.

The Veteran's initial claim for a 10 percent rating for tension headaches has been granted. The Board has also remanded several other issues related to service connection and disability ratings.

The Veteran's hypertension was not incurred during or caused by his military service.,Service connection for unspecified depressive disorder with TBI and headaches, tinnitus, and left submandibular horizontal scar is denied as new evidence does not meet the criteria for reopening the claim.,Tinnitus already has a maximum 10% rating. No higher rating can be granted.,Left inguinal hernia residual scar and status post operative left inguinal hernia repair, left knee disability, and limitation of flexion of the left knee do not meet criteria for increased ratings as they are already at their maximum schedular ratings.

The Veteran's PTSD warrants a disability rating of 50 percent, but no higher. The left ear hearing loss does not meet the criteria for a compensable rating. Multiple service connection claims are remanded.

The Board has determined that the Veteran's pre-existing central corneal scar increased in severity during service, and therefore grants service connection for aggravation of this condition.

The Veteran's appeal for higher ratings and service connection was denied. The initial rating for PTSD with alcohol use disorder remains at 70 percent, the rating for bilateral hearing loss is denied, and the initial rating for bilateral pes planus is denied. A separate 10 percent rating for left foot hallux valgus from February 10, 2020 was granted. The right foot scar's rating remains at 0 percent. Service connection requests for left ankle disability, right ankle disability, and low back disability were also not granted.

The Veteran's claims for a higher disability rating for his right radial nerve laceration and special monthly compensation based on aid and attendance are being remanded due to the receipt of new evidence. The case will be returned to the AOJ for review.

The Veteran's appeal is being remanded due to the need for updated VA treatment records and additional medical opinions regarding his sleep apnea, tinnitus, left knee disability, right shoulder disability, and nonservice-connected pension.

The Veteran's appeal for an initial compensable rating for midline abdominal scar has been dismissed because the appellant requested to withdraw the appeal.

The Veteran's claim for a rating in excess of 10 percent for hypertension has been granted and is dismissed. The claims for higher ratings for left lower extremity arthritis, status post fibula and tibia open reduction internal fixation and scar, status post left lower extremity ORIF tibia and fibula are remanded.

The Veteran's service-connected disabilities, including unspecified depressive disorder and right shoulder strain, have rendered him unable to secure or follow a substantially gainful occupation since May 26, 2016. The Board has granted a total disability rating based on individual employability from this date.