Scars decisions — 2024

The Board has remanded several issues related to the Veteran's service connection claims, including cervical spine disability, left forehead scar, bilateral hip disability, right shoulder nerve damage as secondary to his cervical spine disability, migraines, and pes planus. The Veteran must be afforded VA examinations on these matters.

The Veteran's right knee condition has been rated at 10 percent, and the Board is remanding this issue for further development. Additionally, earlier effective dates are being sought for TDIU and Dependents' Educational Assistance benefits.

The Veteran's claim for an increased rating of his scar, status post lymphadenopathy surgical removal was granted. He is now rated at 10 percent under Diagnostic Code 7804.

The Veteran's claim for increased ratings and earlier effective dates were denied. The Veteran was granted service connection for bladder cancer with left nephrectomy in December 2021, but the Board found no grounds to grant an earlier effective date prior to March 6, 2020. The Veteran's claim for a higher rating for his bladder cancer and surgical scar was also denied.

The Board has determined that the Veteran does not have a current diagnosis for erectile dysfunction or hypertension, and therefore these claims are denied. The remaining issues of service connection for various foot and hip disorders, as well as left knee scar, are remanded due to inadequate examination.

The Veteran's claims for increased evaluations for right knee replacement residuals and right knee scar were denied as the evidence did not support ratings in excess of the current assigned percentages.

The Board has remanded the claims for GERD, painful scar, and left knee scars due to insufficient evidence in the record. The Veteran's condition must be evaluated without the effects of medication for GERD, and an additional examination is needed for the left knee scars.

The Veteran's appeal was denied as his claims for service connection were not supported by evidence showing a link between his conditions and active service.

The Veteran's right ring finger disability has been granted service connection, but the VA is remanding his claim for a higher initial rating.,His right ankle disability remains in dispute and will be remanded as well.

The Veteran's appeals for rating reductions and entitlement to a compensable rating have been dismissed as she has withdrawn her appeal.

The Veteran's right knee instability is rated at 30 percent disabling, effective the date of his January 2023 increased rating claim. The Veteran's right lower extremity scar does not meet the criteria for a compensable rating.

The Veteran's claim for service connection for facial scar and painful facial scar was granted with effective dates of February 20, 2019.,A compensable rating (10%) was assigned for the facial scar.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations that consider his flare-ups of knee pain and current back condition.

The Board has remanded the claims of service connection for fatigue, right and left leg compartment syndrome, and bilateral leg scarring due to duty-to-assist errors and the need for additional medical opinions.

The Veteran's appeal for a rating in excess of 30 percent for unspecified depressive disorder with PTSD prior to June 23, 2022 is dismissed as the Board has already granted an initial 70% rating effective August 3, 2012.,The appeals for increases in staged ratings for right and left lower extremity radiculopathy are dismissed as the October 2022 decision granting increased ratings did not constitute an initial decision to which the AMA applies.,The appeal for a scar of the posterior trunk is granted with an initial 10% rating throughout the appeal period.

Effective from May 17, 2019, the Veteran received benefits for a non-painful scar, residual of right hernia repair; a 70 percent disability rating for his acquired psychiatric disability; TDIU; DEA benefits; and SMC on account of being housebound.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a TDIU.

The Veteran's left ear hearing loss is currently rated as noncompensable (zero percent) due to the presence of a nonservice-connected right ear with Level I hearing acuity.,There is no evidence of current right ear hearing loss for VA purposes, and thus service connection for right ear hearing loss is denied.

The Veteran's service-connected disabilities, including degenerative arthritis and IVDS of the lumbar spine, left shoulder disability, and bilateral lower extremity radiculopathy, have prevented him from securing or following substantially gainful employment since April 27, 2023. Effective as of that date, he is granted a TDIU and SMC based on aid and attendance.

The Veteran's service-connected disabilities, including Major Depressive Disorder, Right Knee Total Replacement, Degenerative Disc Disease of the Lumbar Spine, and others, prevented him from securing and following a substantially gainful occupation. The Board granted his claim for TDIU.