Scars decisions — 2024

The Board has remanded the claim for a compensable rating for status post umbilical hernia repair with scar due to multiple critical faults found in the March 2022 decision, including inadequate reasons and bases for rejecting the Veteran's testimony regarding painful scars. The Court also found fault with the Board's finding that the Veteran's umbilical hernia had been quiescent over the entire claim period.

The Veteran's initial rating for chronic orthopedic symptoms of cervical spine disability, status post-operative, is denied as the evidence does not support a higher than 30 percent rating.,The Veteran's initial rating for associated cervical radiculopathy (minor LUE) is denied as the evidence does not support a higher than 30 percent rating.,The Veteran's initial rating for surgical scar residual, posterior neck, is denied as the evidence does not support a higher than 30 percent rating.,The Veteran's initial rating for associated cervical radiculopathy (major RUE) is denied as the evidence does not support a higher than 20 percent rating.

The Veteran's lumbar spine condition, bilateral lower extremity radiculopathy, and low lumbar midline scar have been granted effective dates based on the date of service connection.,A temporary 100% rating for lumbar spine surgery through June 1, 2021, has also been granted.

The Board has remanded the claims of an increased rating for a right knee disability, service connection for a back disability, service connection for a neck disability, and service connection for diabetes mellitus due to pre-existing duty to assist errors.

The Board granted an earlier effective date of July 24, 2013 for the award of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities precluding the Veteran from securing and following gainful employment since that date.

The Board has remanded the claims for service connection due to a duty to assist error in failing to obtain a VA examination and opinion. The Veteran contends that her current conditions are related to exposure to contaminated water at Camp Lejeune during active duty.

The Veteran withdrew his appeal for a compensable disability rating for the service-connected right eyebrow scar prior to the Board's decision.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability meeting VA criteria.,The Veteran's right hand scar is not rated compensably due to the lack of an area exceeding 144 square inches.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for special monthly compensation based on aid and attendance (SMC-AA).

The Veteran's appeals for initial compensable ratings for allergic rhinitis and right eye corneal scar are being remanded due to the need to obtain VA treatment records from Salisbury Health Care System and SSA disability records.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for various secondary conditions are remanded due to predecisional duty-to-assist errors.

The Veteran's claim for service connection for an acquired psychiatric disorder has been dismissed as the benefit sought (service connection) has already been granted.,The Veteran's hearing loss is not rated higher than noncompensable, and no compensatory rating is warranted.,The Veteran's hallux valgus in both feet does not warrant a rating higher than 10 percent.,The Veteran's scars in both feet do not meet the criteria for a compensable rating.

The Veteran's claim for service connection for PTSD was denied as there is no evidence of a current diagnosis during or contemporaneous to the appeal period. The Veteran's cervical spine disability and GERD were also denied, with the cervical spine disability rated at 10 percent and GERD rated at 10 percent under DC 7346. The right hand scar claim was denied.

An effective date of August 13, 2015, but no earlier, for the assignment of a 30 percent disability rating for residual scars on the right and left sides of the neck is granted.,An effective date prior to March 6, 2019, for the assignment of a 60 percent disability rating for coronary artery disease is denied.,An effective date prior to October 18, 2020, for the assignment of a 100 percent disability rating for coronary artery disease is denied.,A disability rating in excess of 30 percent prior to March 6, 2019, for coronary artery disease is denied.

The Veteran's service-connected painful right wrist scar was reduced from a 10% rating to a non-compensable rating, but the reduction is now void ab initio and her 10% rating for this condition has been reinstated. A 10% rating for her painful left wrist scar, status post carpal tunnel surgery, remains in effect since April 13, 2020.

The Veteran's disability rating for scarring of the left thumb is granted at a 10 percent level. The Veteran's trigger fingers of the left hand are not entitled to an increased rating. A combined disability rating of 40 percent for his back disability from August 26, 2018 to March 6, 2022 is granted. However, the Veteran's claim for a higher rating after March 7, 2022 is denied.

The Board has remanded the claims for service connection due to errors in the duty to assist, particularly regarding examinations and opinions related to the Veteran's right hand disability, eye disability, and obstructive sleep apnea.

The Veteran's service-connected disabilities render him unable to secure or follow substantial gainful employment, consistent with his training and experience as an over-the-road truck driver.

The Veteran's 70% rating for bilateral hearing loss is restored, a rating in excess of 10% for tinnitus is denied, and the Veteran is granted a total disability rating based on individual unemployability (TDIU). The compensable rating for abdominal scars associated with esophageal cancer residuals is not granted.

The Board has decided to remand the case due to conflicting evidence on whether the service-connected right leg disability caused an inability to walk, and thus remanding for clarification of employment history and a medical opinion.