Scars decisions — 2024

The Veteran's claim for a rating in excess of 10 percent for his scar, right middle finger was denied. The Board also remanded the issues regarding entitlement to a temporary total rating due to hospitalization for a service-connected disability from April 28, 2009; entitlement to service connection for a left foot disorder; and entitlement to a rating for diverticulitis of colon and appendectomy, gastroesophageal reflux disease (GERD) with hiatal hernia in excess of 10 percent prior to March 14, 2018 and in excess of 30 percent thereafter.

The Board has remanded the case due to inadequate medical opinions and a need for further examination. The Veteran's left eye conditions, other than his service-connected corneal scar, are being evaluated.

The Veteran's claim for a compensable rating for his right knee scar is denied, and the Board has remanded the issue of an increased disability rating for lumbar spine degenerative disc disease due to inadequate VA examination findings.

The Board has restored service connection for squamous cell carcinoma right base of the tongue, scars, and painful scar due to the clear error in severing these conditions.

The Veteran's claims for service connection for various conditions, including high cholesterol, left knee disability, left hip disability, hypertension, prostate cancer, posttraumatic stress disorder, bilateral hearing loss, right hip disability with limitation of extension, right hip disability with limitation of flexion, right knee disability, and right ankle disabilities have all been denied. The Veteran's service treatment records do not show any diagnoses or complaints related to these conditions.

The Veteran is seeking a higher level of special monthly compensation (SMC) based on the need for regular and aid and attendance for cerebral dysfunction with dementia, major neurocognitive disorder and major depressive disorder due to traumatic brain injury with chronic fatigue, fainting, and dizziness at the rate specified under 38 U.S.C. § 1114(t). The AOJ must adjudicate this claim.

The Veteran's right knee strain is currently rated as noncompensable. The Board finds the VA examination inadequate and remands for a new evaluation.,The Veteran claims a left arm disability, but no specific diagnosis was provided in the November 2021 VA examination. Remand is required to obtain an adequate medical opinion.

The Board denied the Veteran's claims for service connection for shin splints, left elbow scar, and bilateral testicular disorder due to a lack of credible evidence supporting these conditions during active duty.

The Board has determined that there was a duty to assist error in the September 2021 rating decision and has ordered further development to verify the appellant's alleged active duty Reserve service dates. The issues on appeal are now remanded for readjudication.

The Veteran's appeal was granted for a temporary total disability rating from May 20, 2022 through July 31, 2022 due to convalescence following left toe surgery. The appeals for increased ratings and entitlement to SMC benefits were also granted.

The Veteran's claims for increased ratings and service connection were denied. The Board found no basis to grant higher disability ratings or separate compensable ratings for his conditions.

The Veteran's left wrist strain is currently rated at 10 percent, the maximum available under Diagnostic Code 5215. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or other factors that would justify such a rating.,Left wrist scars are not painful or unstable and do not affect a large enough area to warrant a compensable rating.

The Board has remanded the Veteran's claims for service connection due to a duty-to-assist error and inadequate opinions regarding the etiology of his claimed conditions. The claims are now pending with VA.

The Board denied the Veteran's claim for service connection for cause of death, finding that none of his service-connected conditions were a disease, injury, or complication that directly caused his death.

The Veteran's right auricle shell fragment wound with retained foreign body and scar to helix is rated at 10 percent, effective June 22, 2022. The Veteran's painful scarring of the right auricle (rated together with a painful scar of the left thigh) is also rated at 10 percent.

The Board has remanded the claims for service connection and increased ratings due to a lack of verification of exposure to herbicides/Agent Orange, as well as incomplete verification of in-service stressors. The Veteran's mental health disorder claim is also remanded.

The Board has decided to remand the case due to deficiencies in the VA examination used for rating the severity of the appellant's scarring. The AOJ should obtain an additional medical opinion addressing the appellant's statements indicating that his scars are painful and consider these concerns.

The Veteran's appeal for an extension of her delimiting date for educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) was denied because the evidence did not show that she had a physical or mental disability preventing her from pursuing education within the original period of eligibility.

The Veteran withdrew their appeal for the issues of entitlement to an increased evaluation for a chest scar, earlier effective dates for service connection for a chest scar, and eligibility for Dependents' Educational Assistance (DEA) benefits. As a result, the appeal is dismissed.

The Veteran's lung cancer claim is denied as there is no confirmed diagnosis of lung cancer in the record.,The Veteran's thyroid condition remains at a noncompensable rating, with an effective date changed to August 10, 2022 due to presumptive exposure.,The Veteran's neck scar from thyroid adrenalectomy continues to be rated at 30 percent.