Scars decisions — 2024

The Board has decided to remand the claims of service connection for hearing loss, hypertension, and scarring from surgery due to inadequate medical opinions. The Veteran's exposure basis is not specified.

The Veteran has withdrawn his appeal for all service connection claims, including bilateral limb cellulitis, residuals from a heat stroke, posttraumatic stress disorder (PTSD), skin disability, right ankle disability, left leg and joint condition, right hip pain, right leg and joint condition, left hip limitation of extension, and linear scar on lateral aspect of left ankle.

The Veteran's bilateral ear disorder, including otitis media, cholesteatoma, and tympanic membrane scarring, is remanded for further development to obtain private treatment records and provide an addendum opinion addressing the nature and etiology of his claimed disorders.

The Veteran's appeal is remanded for additional development to address the service connection claim for left foot tarsal coalition and a VA examination is required.

The Veteran's service connection claims for hernia surgery abdomen scar, residuals of hernia repair surgery (other than scar), hypertension, bilateral hearing loss disability, nerve disability of the lower extremities (to include numbness), chronic headache disability, and gastrointestinal disability to include a functional gastrointestinal disorder are all granted. The remaining issues have been remanded.

The Veteran's claim for a compensable rating for his service-connected right shoulder labrum repair scar is being remanded due to the inadequacy of the VA examination provided.

The Veteran's appeals for increased ratings have been withdrawn, and the cases are dismissed.

The July 2020 rating decision granted a TDIU, but did not result in any past-due benefits. The appeal is denied as the Appellant's services were provided before the date on which the Veteran was notified of the initial decision.

The Veteran's claims for service connection for a right hip disability and right hip scar, as well as his entitlement to Dependents' Educational Assistance (DEA) benefits, are denied. The earliest effective dates available for these claims are January 26, 2022.

The Veteran's appeals for various conditions have been dismissed as he has withdrawn his appeal.

The Board has remanded the claims for service connection due to incomplete authorization forms from the appellant regarding his medical records from the Florida Department of Corrections. The case will be readjudicated after obtaining these records.

The Veteran's claim for service connection for osteoarthritis of the right ankle status post ankle sprain is granted, and she is assigned an initial disability rating of 10 percent. Her scar on the left index finger is also granted as painful, warranting a 10 percent rating under Diagnostic Code 7804.

The Veteran has withdrawn all issues on appeal, including those regarding restoration of a 30 percent rating for left ear surgical scar residuals and service connection for IBS and gastritis.

The Veteran's claims for increased ratings for posterior neck scarring, PFB of the posterior neck and hairline, and lumbosacral spine strain are being remanded due to inadequate examination reports. Further evaluations by VA doctors will be needed.

The Board denied the Veteran's claims for a compensable rating for right shoulder surgical scars and granted a 20 percent rating for painful right knee surgical scars. The evidence did not meet the criteria for a compensable rating under Diagnostic Code 7802, but the Veteran is entitled to a compensable rating under Diagnostic Code 7804 due to his painful right knee surgical scars.

The Veteran's claim for SMC based on housebound status is denied because he does not have a single service-connected disability rated at 100 percent, nor has he been awarded a total disability evaluation based on individual unemployability (TDIU) due to a single service-connected disability.

The Veteran's claim for increased ratings for PFB and forehead scar, as well as right lower extremity radiculopathy, was denied. The Board found that the evidence did not support a rating in excess of 30 percent for PFB and forehead scar under Diagnostic Code 7800, and did not meet the criteria for a higher evaluation based on incomplete paralysis of the sciatic nerve.

The Board has remanded the claims for service connection for the cause of death and eligibility for DEA benefits due to pre-decisional duty to assist errors. The Veteran's daughter seeks DEA benefits based on her status as a child of the Veteran, who had multiple service-connected disabilities including PTSD and head injuries. The Board notes that prior decision did not address whether the Veteran's alcohol dependency was secondary or aggravated by his service-connected conditions.

The Board has granted service connection for follicular dermatitis with scarring, but has remanded the issue of service connection for a cervical spine disability due to an error in the duty to assist.

The Board has remanded the case for further development, including an examination to determine if the Veteran's service-connected depressive disorder and other conditions caused or aggravated his obesity, which in turn may have contributed to his OSA.