Scars decisions — 2024

The Veteran's service-connected conditions did not render him unable to secure and follow substantially gainful employment prior to October 21, 2015.

The Veteran's service-connected conditions render him in need of regular aid and attendance, which is granted for special monthly compensation based on the need for aid and attendance.

The Board has remanded the Veteran's claims for pseudofolliculitis barbae with scarring and chronic eczema marginatum groin and buttocks with scarring due to a duty to assist error, specifically failing to obtain VA treatment records from September 1987 to the present.

The reduction in the disability rating for right lower leg painful and unstable scar from 20 percent to 10 percent, effective June 28, 2022, is void ab initio, and the 20 percent rating is restored.,The Veteran's right leg internal popliteal nerve paralysis status post surgery disability manifests in moderate incomplete paralysis of the internal popliteal nerve. The criteria for a 20 percent rating have been met.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for an initial compensable rating evaluation for hearing loss, hypertension, left knee scar, right knee tricompartmental degenerative arthritis, arthritis - hands, fingers, shoulder, hips, knees and right clavicle, insomnia, low back pain, numbness in arms, or right shoulder condition.

The Veteran's appeal for a rating in excess of 30 percent for left knee total replacement and a compensable rating for the associated scar was denied. The medical evidence did not support these claims.

The Board has dismissed the Veteran's appeals for service connection on all issues related to arthritis, cyst or benign growth, residuals of right-hand shrapnel wound, squamous cell cancer on the back, residual scars on lower back, hearing loss, chronic fatigue syndrome (CFS), diabetes mellitus, type II, erectile dysfunction, gastritis, and irritable bowel syndrome (IBS).

The Board has remanded the case for further examination and opinion regarding the Veteran's left Achilles tendon injury. The compensable disability rating claim for peripheral corneal scar, left eye remains denied.

The Veteran's service-connected disabilities have rendered him wheelchair bound and in need of nursing home care, regular aid and attendance to prepare his meals, assist with bathing and hygiene needs, and manage medication. The Board has granted special monthly compensation based on the need for regular aid and attendance but dismissed the claim for special monthly compensation at the housebound rate as moot.

The Board has remanded the claims of earlier effective dates for TDIU and DEA benefits due to a pre-decisional duty to assist error, specifically regarding the Veteran's service-connected disabilities prior to January 10, 2013.

The Board denied the Veteran's claim for a TDIU prior to February 19, 2019, finding that his service-connected disabilities did not preclude him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations.

The Veteran's claims for specially adapted housing and special home adaptation grant are being remanded due to a duty to assist error. The AOJ should secure an addendum opinion addressing the Veteran's total service-connected disabilities, including loss of use of extremities.

The Veteran's claims for increased ratings and an earlier effective date for Dependents' Educational Assistance (DEA) are being remanded due to errors in the AOJ's decision process. The issues include scar, cervical spine disability, visual field defect, and acquired psychiatric disorder.

The Veteran's claims for earlier effective dates and initial ratings were denied. The Board found that the earliest possible effective dates have already been granted, and no higher rating was warranted based on the evidence of record.

The Board denied initial compensable ratings for hemorrhoids, umbilical hernia scar, tinea pedis, and corneal opacities (claimed as residual of photorefractive keratotomy). The Veteran's service-connected conditions were not found to meet the criteria for a compensable rating.

Prior to June 18, 2021, the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation. As of June 18, 2021, his single service-connected disability did not meet the criteria for TDIU.

The Board has denied the Veteran's claims for service connection for right hand scars, left arm scars, left hand scars, and right arm scars. The claim for service connection for shin splints is also denied.

The Veteran's appeals for higher ratings for his service-connected painful scar of the lower back, lower back/lumbar scar, and hemorrhoids were denied. The Board found that the evidence did not support a rating in excess of the current assigned disability ratings.

The Veteran's service-connected disabilities, including prostate cancer residuals, sleep apnea, and lumbar spine degenerative changes, rendered him unable to secure substantially gainful employment prior to August 10, 2022. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.