Scars decisions — 2024

The Veteran's appeals for disability ratings in excess of 10 percent for various conditions have been dismissed as he has withdrawn his appeal.

The Veteran withdrew his appeals for four issues related to left shoulder conditions, resulting in the dismissal of all claims.

The Veteran's claims of increased ratings for his left ear hearing loss, incision scar posterior neck, and cervical spine disability are denied. The claim for service connection for TBI is remanded.

The Veteran's combined disability evaluation is 10 percent, which does not meet the threshold for dependency compensation benefits.

The Veteran's service-connected residual scar of a stab wound to the left chest does not preclude him from securing and following a substantially gainful occupation, as his education, skills, training, and work history are sufficient for employment.

The Veteran's claims for effective dates prior to July 22, 2021, for service connection have been denied as the evidence does not show a complete claim was received within one year of the intent to file.,VA has also determined that an effective date prior to July 22, 2021, for SMC based on anatomical loss of use of the bilateral breasts is not warranted due to lack of service-connected disabilities.

The Veteran's claims for earlier effective dates for lumbosacral strain, sciatic nerve left lower extremity radiculopathy of the lumbar spine, left foot injury, and sciatic nerve right lower extremity radiculopathy of the lumbar spine have been dismissed as freestanding claims without a request for reconsideration based on clear and unmistakable error in prior final rating decisions.,The Veteran's claim for an earlier effective date for scar of the left lower extremity has also been dismissed. The Board found no evidence that can be construed as a claim for this condition prior to August 26, 2019.

The Veteran's combined schedular disability ratings meet the minimum requirements for consideration of a TDIU, and her service-connected disabilities rendered her unable to secure and follow substantially gainful employment.

The Board has remanded the case due to a failure to satisfy a statutory or regulatory duty regarding the timeliness and adequacy of the Veteran's notice of disagreement for the issue of entitlement to a compensable evaluation for scars, status post right ring finger amputation.

The Veteran's service-connected inguinal hernia is rated as noncompensable due to the absence of true hernia protrusion and no current symptoms.,The Veteran's scar, status-post right inguinal hernia repair surgery, warrants a 10% disability rating based on its painful nature.

The Veteran's service-connected disabilities do not result in physical loss of use of one or both hands or feet, permanent impairment of vision in both eyes, severe burn injury precluding effective operation of an automobile, ALS, or ankylosis of one or both knees or one or both hips. Therefore, the Veteran does not meet the eligibility criteria for financial assistance to purchase a vehicle and adaptive equipment.

The Veteran's appeal is remanded for a new VA examination to assess the severity of his right clavicle fracture, as the previous evaluation was inadequate. The Veteran also seeks an increased evaluation for scarring associated with ORIF surgery.

The Veteran's service-connected disabilities did not preclude him from substantially gainful employment, and the Board denied his claim for total disability based on individual unemployability (TDIU).

The Board has granted effective dates of August 31, 2009 for the awards of service connection for left knee instability, left knee surgical scars, and right knee surgical scar. The effective date is based on the date of claim rather than the date entitlement arose.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another person, resulting in a grant of SMC based on aid and attendance.

The Veteran's service-connected disabilities, including coronary artery disease, posttraumatic stress disorder, and right hip conditions, rendered him unemployable as of August 30, 2015. The Board granted an effective date for the TDIU award on this date.

The Veteran's appeal for increased ratings for residuals, resection right costosternal cartilage and scar residuals (claimed as painful scar, chest) has been dismissed due to the withdrawal of the appeal by the Veteran's authorized representative.

The Veteran's claim for increased ratings for painful scars and residuals of traumatic brain injury (TBI) was denied. The Veteran had painful scars, but the Board found that they did not meet the criteria for a higher rating than 30 percent. For TBI, the Veteran received an increase in rating from August 8, 2018, to November 30, 2020, and was denied a higher rating after this period.

The Board denied service connection for lower back degenerative arthritis, diabetes mellitus type II, and left knee surgical scar.,There is no evidence of a current disability or in-service injury related to these conditions.

The Veteran's claims for service connection are remanded due to the need for additional development, including obtaining military personnel records and medical records from his Air Force Reserve service, as well as a TERA examination for chronic bronchitis and asthma.