Scars decisions — 2024

The Veteran's application to revise the September 1997 rating decision based on clear and unmistakable error (CUE) for a compensable rating for tinnitus was denied. The appeal is also denied regarding service connection, increased ratings, earlier effective dates, and TDIU.

The Board denied service connection for a right index finger scar as there is no evidence of a current disability.

The Veteran's appeal for an increased disability evaluation and service connection for his left wrist scar was denied. The Board found that the current noncompensable rating assigned under Diagnostic Code 7802 is appropriate given the small area of the scar, its superficial nature, lack of skin breakdown or inflammation, and absence of pain or instability.

The Veteran's claims for increased ratings and an earlier effective date are remanded due to pre-decisional duty to assist errors. The Board requests a retrospective medical opinion regarding the severity of his lumbar spine disability, left lower extremity radiculopathy, and status post laminectomy scar during the period from February 22, 2012, to October 25, 2020.

The Veteran's claims for increased ratings and service connection are being remanded due to inadequate VA examinations conducted prior to the decision on appeal.

The Veteran's service-connected PTSD with persistent depressive disorder is found to have contributed to his death, granting service connection for the cause of death. DIC benefits are denied as the Veteran was not continuously rated totally disabled at the time of his separation from service.

The Veteran's claim for higher ratings on his back disability, left hip disabilities, and lower extremity nerve radiculopathy were denied. The postoperative back scar was also denied.

The Veteran's claims for increased ratings for migraines, obstructive sleep apnea, GERD, and right knee scars were denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.,Specifically, the VA examination reports showed that the Veteran's migraines did not result in very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability, his obstructive sleep apnea did not require use of a CPAP machine, his GERD did not meet the criteria for 30 percent or higher ratings under either DC 7203 or DC 7206, and his right knee scars were not deep or nonlinear enough to warrant a compensable rating.

The Board has denied the Veteran's claims for TDIU and remanded his claims for increased ratings for bilateral pes planus, bilateral plantar fasciitis, and left foot scars. The case is now back with the Board for further review.

The Veteran's appeals for higher disability ratings and earlier effective dates have been dismissed due to the withdrawal of his appeal by his authorized representative.

The Veteran withdrew his appeals for right inguinal hernia scar, obstructive sleep apnea, erectile dysfunction (ED), bilateral hypermetropia and astigmatism, and irritable bowel syndrome (IBS).

The Board has denied service connection for a respiratory disability and a scar on a knee, but has remanded the issue of service connection for bilateral carpal tunnel syndrome.

The Veteran's request for higher evaluations for his scar residual of ORIF, right distal fibula, and right ankle ORIF were denied. The Board found the VA examination inadequate to support adjudication for these claims due to inconsistencies in the examiner's report regarding the presence of underlying soft tissue damage and the Veteran's reported symptoms.

The appeal as to '[k]nee issues due to foot issues' is dismissed.,An increased rating greater than 20 percent for right foot scars under Diagnostic Code 7804 prior to February 21, 2022, is denied. A 30 percent rating, but no higher, for right foot scars under Diagnostic Code 7804 from February 21, 2022, is granted.,The Veteran's TDIU claim and SMC at the housebound rate are remanded.

Your claims for service connection have been denied because your Notice of Disagreement was not filed within the one-year deadline after the August 2019 rating decision. The Board dismissed all your claims as untimely.

The Veteran's claims for service connection of a scalp scar, headaches residuals from surgery for cerebellar astrocytoma, and ataxia as residual of surgery were granted. The Board found that the Veteran had current diagnoses for these conditions and established an in-service incurrence or aggravation of the conditions.

The Veteran's claim for a compensable initial rating for residual of left-hand palmar scar has been denied.,The Veteran's claim for service connection for lower back lumbar condition also diagnosed as a fractured sacrum is remanded and requires further examination.

The Veteran's left-hand arthritis and associated scar were initially rated as noncompensable, but the Board granted a 10% rating for arthritis of the left hand. The left-hand scar remains at 0%.,Service connection was remanded for sleep apnea.

The Veteran's service-connected knee and back disabilities render her unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU based on this finding.

The Veteran's claims for increased ratings and service connection were denied. The left breast scar was rated at 30 percent, acne with scarring at 10 percent, varicose veins of the lower extremities at 10 percent each, and GERD and plantar wart were not granted.