Scars decisions — 2024

The Veteran's hallux valgus with degenerative disease, first MTP joints of the left foot was granted service connection effective August 1, 2008.,Left foot scars were also granted as secondary to his service-connected hallux valgus. The effective date for this grant is August 1, 2008.

The Veteran's appeals for increased ratings for various service-connected conditions were denied. The Board found that the evidence did not support higher ratings based on current symptomatology.

The Veteran's claim for an effective date prior to June 11, 2020, for a 50 percent evaluation of PTSD with TBI is denied.,The Veteran's claim for a 10 percent evaluation for a neck scar disability from November 15, 2011, is denied.,The Veteran's initial claim for an effective date prior to November 15, 2011, for a neck disability is denied.,The Veteran's claim for an earlier effective date for RUE radiculopathy prior to June 11, 2020, is dismissed as the AOJ granted a full grant of benefits on this issue.,The Veteran's claim for a 20 percent evaluation for a lumbar spine disability from November 15, 2011, through June 11, 2020, is denied.

The Veteran's need for regular aid and attendance due to service-connected disabilities is granted from October 1, 2021.

The appeal for TDIU from August 1, 2019 is dismissed. The appeal for SMC at the housebound rate from August 2, 2019 to October 7, 2021 is denied.

The Board has determined that the decision denying eligibility for PCAFC is not clear and does not provide adequate reasons or bases. The Veteran's service-connected conditions, including PTSD, major depressive disorder with generalized anxiety disorder, sleep apnea, gastroesophageal reflux disease (GERD) with irritable bowel syndrome (IBS), tension headache, left shoulder labral tear, wrist tendinitis, fibromyalgia, lumbosacral strain, knee pain, plantar fasciitis, tinnitus, TMJ capsulitis, dry eye syndrome, allergic rhinitis, scars, and psoriasis are considered. The Board has ordered remand to clarify the reason for denial and provide proper notice.

The Veteran's claims for allergic rhinitis, left leg scars, bilateral hearing loss, neurological disability of the left leg, and sinus disability have been denied. The Board is remanding the claims for erectile dysfunction, gastrointestinal disability, and sleep apnea.

The Veteran's left upper thigh puncture wound scar is granted a 10% disability rating throughout the appeal period.

The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for right shoulder condition, skin blisters disability, headaches disability, sleep apnea disability, and sinusitis. The claims are being remanded due to insufficient medical opinions regarding the relationship between these conditions and service.

The Veteran withdrew his appeals for the effective dates of various ratings and service connection determinations related to knee conditions, instability, meniscal tears, scars, and tinnitus. The Board dismissed these claims as a result.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted after the initial hearing, including a treatise and argument regarding squamous metaplasia and HPV16.

The Board has denied service connection for an eye disability, other than binocular vision disorder with convergence insufficiency, and to include as due to in-service exposure to toxic substances. The Veteran's erectile dysfunction, loss of sense of smell, loss of sense of taste, and bilateral hearing loss are also denied.

The Veteran's service-connected scar, mid sternal area is granted a 10 percent rating.

The Veteran's appeal for an increased rating for residuals of mild traumatic brain injury with post-traumatic headaches was denied. The evidence did not show that the condition resulted in Level 2 impairment, which is necessary to warrant a 40 percent rating.,The Veteran's application for TDIU was also denied as his service-connected disabilities alone do not meet the schedular criteria for individual unemployability.

The Veteran withdrew her appeals for increased ratings for Meniere's syndrome and residual scar of a status post thyroid surgery prior to September 5, 2020.

The Veteran's claim for TDIU and Dependents' Educational Assistance (DEA) benefits is granted effective from February 6, 2014.,VA regulations dictate the specific circumstances and criteria which must be met before DEA benefits may be granted. As these criteria were not met prior to February 6, 2014, an earlier effective date for DEA benefits is not warranted.

The Veteran's claim for service connection for obesity is dismissed as a matter of law. The Board also granted a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected disabilities.

The Veteran's craniotomy scar of the apical scalp is granted a 10 percent evaluation. The Veteran's allergic rhinitis and erectile dysfunction are both denied as they do not meet the criteria for compensable evaluations.

The Veteran's status post above the knee amputation of the right lower extremity, residuals of multiple failed right total knee arthroplasty revisions, and RLE painful scars are rated at 60 percent and 10 percent respectively. The Board denied increased ratings for these conditions.

The Veteran's TDIU and DEA eligibility were granted with effective dates of August 15, 2019.,Effective March 13, 2020, the Veteran received ratings for various service-connected conditions including stooped postures, diffuse bradykinesia and neuropathy in both lower extremities, mild neurocognitive disorder due to Parkinson's disease, partial loss of smell, speech impairment, sexual dysfunction, right-side buttocks scars, and hypertension.,The effective dates for these ratings are March 13, 2020. The Veteran's service connection claims were previously denied but reopened with new evidence supporting the claims.,Diabetes mellitus was not granted an earlier effective date than August 15, 2019.,Parkinson's disease and related conditions were also not granted an earlier effective date than March 13, 2020.