Scars decisions — 2024

The Veteran's claims for increased disability evaluations were denied. The Board found that the evidence did not support higher ratings for diabetes mellitus, basal cell carcinoma, and residuals of right Achilles tendon rupture and repair.

The Board denied the Veteran's claim for a TDIU due to one service-connected disability, finding that he was not rendered unemployable based on only one of his service-connected disabilities. The decision is binding only with respect to this specific matter and does not establish VA policies or interpretations of general applicability.

The Board has dismissed the appeals for increased ratings and earlier effective dates for the Veteran's right hand disabilities as multiple unadjudicated appeal requests were already pending at the time of filing.

The Veteran's right femoral neck fracture surgical scar is granted a 10 percent rating, but no higher.

The Veteran's claim for a higher initial evaluation of his lumbar scarring was granted with an effective date of May 3, 2019. The claims for evaluations of his lower extremity radiculopathies and intervertebral disc syndrome are remanded.

The Veteran's asthma, allergic rhinitis, bronchitis, bilateral plantar fasciitis, cardiovascular disease, left shoulder condition, scars, kidney condition, TBI residuals, diabetes mellitus type II, diverticulitis, gastritis, and hypertension are remanded due to incomplete service records.

The Veteran's appeal for an increase in the disability evaluation for residuals of left wrist ganglion cyst is denied.,An initial disability evaluation of 50 percent for migraine headaches is granted, and a higher evaluation of 50 percent is also granted. The appeal for an increased evaluation for migraine headaches is granted.,The Veteran's appeal for an increase in the disability evaluation for migraine headaches remains denied.,The Veteran's appeal for an increase in the disability evaluation for left forearm scarring status post stab wound is denied, and a compensable evaluation for superficial linear scars of the left forearm is also denied.,The Veteran's appeal for TDIU is remanded to determine if he qualifies for extraschedular TDIU based on his service-connected disabilities.

The Veteran's hearing loss does not meet the criteria for a disability rating under VA regulations.,The Veteran is granted an initial 10 percent rating for migraine headaches, but no higher.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical opinions. The decision on whether he is entitled to a compensable rating for bilateral hearing loss, as well as his entitlement to TDIU based on service-connected disabilities, remains pending.

The Veteran's service-connected left shoulder surgical scars have been rated as noncompensable and 10 percent, respectively. The Board denied both claims for higher ratings.

The Veteran's claims for service connection for total abdominal hysterectomy and abdominal scar were denied, with the effective date remaining at June 8, 2011.

The Board has found that the Veteran's current 30 percent rating for her hysterectomy scars is not warranted, and the appeal of an increased rating more than 30 percent under DC 7804 is denied. The Veteran's claim for service connection for bilateral plantar fasciitis requires further examination due to a pre-decisional duty to assist error.

Your appeal for a compensable disability rating for anterior trunk scars has been dismissed as untimely.

The Veteran withdrew all active appeals regarding the service connection issues listed in his May 18, 2022 Notice of Disagreement. The appeal is dismissed as withdrawn.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, frostbite of the left foot and toes, insomnia (claimed as sleep disorder), laceration of chin with resulting scar, left degenerative hip, right degenerative hip, chronic left knee disability, chronic right knee disability, and low back pain. The Board found no evidence of a causal relationship between these conditions and service.

The Board has remanded the claims for earlier effective dates due to conflicting evidence regarding the Veteran's service exposure and the need to verify the vessel's position on or near April 5, 1969. The appeal is based on presumptive exposure under the PACT Act.

The Veteran's scar, post right inguinal hernia surgical repair is granted a 20 percent rating.,Service connection for tinnitus is granted.,Service connection for a skin condition (chloracne and/or dermatitis) as secondary to herbicide exposure is remanded.,Service connection for acute renal failure (kidney condition) as due to an enlarged prostate and/or herbicide exposure is remanded.,Service connection for rheumatoid arthritis as due to herbicide exposure is remanded.,Service connection for total right knee replacement, to include as due to rheumatoid arthritis and/or herbicide exposure is remanded.,Service connection for depression with sleep disturbance, to include as secondary to rheumatoid arthritis is remanded.,Service connection for bilateral hearing loss is remanded.

The Veteran's acquired psychiatric disability, depressive disorder, is granted as secondary to service-connected bilateral knee disabilities.,An effective date of August 28, 2010 for a 30 percent rating for right knee disability (including instability, surgical scarring, and limitation of flexion) is granted.

The Veteran's service-connected recurrent pneumonia with lung scarring has rendered him unable to secure or follow a substantially gainful occupation due to the combined effects of his service-connected disability and other non-service-connected respiratory conditions.

The Board has granted earlier effective dates of July 12, 2016 for the Veteran's service connection claims for bladder cancer, a cystectomy painful scar, and a cystectomy scar. These conditions are presumed to be related to exposure to Agent Orange during service in Thailand.