Scars decisions — 2023

The Board has remanded the case due to inadequate November 2022 opinion regarding whether the Veteran's service-connected tinea disorder aggravated his appendectomy scar.

The Veteran withdrew his appeals for initial compensable evaluation of surgical scar of the midline back and an evaluation in excess of 60 percent for lumbar spinal stenosis from April 1, 2017.

The Board has remanded the Veteran's claims for service connection for various conditions, including blurry vision in his right eye, a left elbow scar, IBS, GERD, bilateral knee and arm conditions, joint and muscle condition, paresthesia (claimed as neuropathy), and balance issues. The claims are being returned to the RO for further development.

The Veteran's appeal is remanded for a new VA examination to determine the current severity of his service-connected right-hand scars. The initial compensable rating (greater than 10 percent) claims for residuals of fracture of the right fourth and fifth fingers and right hand scars are denied.

The Veteran's appeal for a higher rating in excess of 50 percent for shell fragment wounds of the left face has been withdrawn. The appeals for ratings on painful scars, right lower extremity status post shell fragment wounds and surgeries with history of painful facial scar have been dismissed due to lack of evidence supporting entitlement.

The Veteran's right-side pilonidal cyst scar is rated at 0 percent, which is the noncompensable rating. The Board found that the scar does not meet the criteria for a compensable rating under Diagnostic Code 7802.

The Board denied service connection for low back, left foot, right foot, and left wrist disabilities. The Veteran's right wrist disability was also denied as secondary to a service-connected scar.,Service connection was not established for any of the claimed conditions.

The Veteran's need for regular aid and attendance of another person due to his service-connected disabilities is established, leading to the grant of special monthly compensation (SMC) based on the need for regular aid and attendance.

The Board has remanded the TDIU claim due to insufficient medical evidence of record and a need for a combined-effects medical examination. The Veteran's service-connected disabilities include major depressive disorder, obstructive sleep apnea, gout, lumbar intervertebral disc syndrome, left sciatic nerve impingement, right sciatic nerve impingement, hypertension, tinnitus, left upper lip scar, right thigh scar, left posterior thorax scar, and bilateral tinea pedis. The Veteran's TDIU claim is remanded to allow for a proper examination and evaluation of his employment impact.

The Veteran's right knee replacement has been granted a 60 percent rating effective November 12, 2019.,A 60 percent rating for total left knee replacement (previously rated as left knee strain) is granted from December 1, 2019.,The Veteran's right knee scar was initially rated at 10 percent and has been remanded to determine if a higher initial rating is warranted.

The Veteran has withdrawn his appeal for service connection and increased ratings for various conditions, leaving no issues to be decided by the Board.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to the receipt of additional relevant evidence after the issuance of the October 2016 and April 2017 Statements of the Case. The AOJ is instructed to consider this new evidence in its first instance.

The Veteran withdrew his appeal for an increased rating claim for a left knee scar, and the Board dismissed it.

The Veteran's service-connected right buttock, right groin, and right hemi scrotum scarring as well as his left knee scar are each granted an initial 10 percent rating.

The Board has denied service connection for hearing loss and right hand scar, but has remanded the claims of service connection for right leg shin splints and left leg shin splints due to insufficient evidence.

The Veteran's claim for service connection for left scapula scar tissue has been granted, and his claim for COPD (presumed due to burn pit exposure) is also granted. The case is remanded for additional development regarding the left scapula scar tissue.

The Board denied the Veteran's claims for service connection due to a bad conduct discharge, finding that his entire period of active service is a bar to VA benefits.

The Board denied the Veteran's claim for SMC based on the need for regular aid and attendance of another person due to his service-connected disabilities, finding that they do not rise to the level needed for such benefits.

The Veteran's claim for service connection for residuals of right Achilles tendon rupture is granted. The claims for left leg/foot disability, right foot disability other than residuals of right Achilles tendon rupture, right arm disability, and psychiatric disorder are remanded.

The Veteran's service-connected scars residuals of basal cell carcinoma are being remanded for further evaluation and treatment records to determine the current severity of his condition.