Scars decisions — 2024

The Veteran's increased ratings claims for lumbar strain with IVDS and associated lower extremity radiculopathy were denied as the claimant failed to attend scheduled VA examinations without showing good cause.

The Board has granted entitlement to special monthly compensation (SMC) based on the need for aid and attendance due to the Veteran's service-connected disabilities, which leave him in need of regular assistance.

The Veteran's claim for an earlier effective date for tinnitus disability is denied as there was no formal or informal claim received prior to September 19, 2017.,Service connection for stomach pain secondary to hernia surgery and abdominal scar are both denied due to lack of a current diagnosis and insufficient evidence linking the conditions to service.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU. The appeals for increased evaluations and earlier effective date were withdrawn by the Veteran.

The Board has granted service connection for residuals of gall bladder removal, bilateral hearing loss, and abdominal scar. The effective date is to be determined by the AOJ.

The Veteran's non-cancerous fatty tumors with residual scars, dermatophytosis are currently rated at 30 percent and the Board has determined that a higher rating is not warranted.

The Veteran's initial compensable ratings for the linear scar of the right hand and painful scar of the right hand have been dismissed. The Veteran has also received a grant of an initial 20% rating for his erectile dysfunction.,The Veteran's claim for an increased rating for his lumbar spine strain and degenerative disc disease, as well as claims for initial compensable ratings for Dupuytren's Contracture in the left hand and right hand, have been remanded.

The Board has decided to remand all the claims for further review due to new evidence obtained after the February 2020 statement of the case.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including GERD, lumbar spine disability, right hip scar, and foot disabilities. The Veteran will need further examinations to determine the severity of his conditions and their relationship to service.

The Veteran's generalized anxiety disorder is rated at 70 percent, effective August 31, 2018. The painful scar to the scalp remains at a 10 percent rating. Effective August 31, 2018, TDIU was granted based on one service-connected disability and more than 60 percent combined in separate service-connected disabilities. SMC pursuant to 38 U.S.C. § 1114(s) is also granted for the period beginning August 31, 2018.

The Veteran's appeal for an increased rating for right knee scars has been withdrawn due to the Veteran no longer wanting to proceed. The Board has also dismissed the appeal for an increased rating for a right knee disability, as it is remanded for additional development.

The Veteran's initial compensable rating for surgical scars, right shoulder surgery is denied.,The assignment of a separate rating for painful scars of the right shoulder combined with painful scars of the bilateral feet as of June 26, 2013, is proper.

The Veteran's initial and increased ratings for scars under both eyes, painful scar under left eye, and painful left inguinal scar associated with TBI have been denied.,Prior to June 3, 2021, the Veteran's headaches were not productive of very frequent completely prostrating and prolonged attacks. After June 3, 2021, his headaches did not meet the criteria for a rating greater than 30 percent.

The Veteran's TDIU claim is denied because he was not rendered unemployable due to only one service-connected disability, but rather multiple disabilities including his neck and back pain.

The Veteran's claims for service connection for diabetes mellitus, right hip scar, benign pilar cyst (scalp), and neck scars have been denied. The appeals are currently in a state of denial.

The Board has remanded the Veteran's claims for increased ratings and service connection due to a failure to address VA treatment records, duty to assist, and consideration of lay statements regarding symptomatology. The case is being returned for further development.

The Board denied the Veteran's claim for service connection for a disorder manifested by left hand cold sensitivity, numbness, and circulatory problems as secondary to his already service-connected left wrist median/ulnar nerve neuropathy.

The Veteran's service-connected disabilities, in combination, rendered him unable to secure and follow a substantially gainful occupation consistent with his education and work history for the entire appeal period prior to December 14, 2018.

The Veteran's right shoulder disability is rated at 20 percent, but the Board finds that a higher rating is not warranted due to limited range of motion. The Veteran's back surgical scars are noncompensable as they do not meet the criteria for a compensable rating under Diagnostic Code 7802.,The Veteran's left lower extremity radiculopathy is associated with his back disability and is inextricably intertwined, so it must be addressed along with the back disability issues.

The Board has restored service connection for right shoulder strain and denied it for scar on neck.