Scars decisions — 2024

The Board has denied service connection for a left-eye condition, denied a compensable rating for a scar, and denied a rating in excess of 50 percent for migraine headaches. The Veteran's claims are being remanded to obtain an adequate medical opinion regarding the severity of her traumatic brain injuries.

The Veteran's bilateral pes planus is currently rated at the highest possible schedular rating under applicable VA law and regulation.,The Veteran's painful scar, right fifth toe, is currently evaluated at a 0 percent disability rating. The Board has determined that an examination to evaluate this condition is needed.

The Board has decided to remand the case due to incomplete records and a need for further medical examination regarding the Veteran's ability to require aid and attendance or be housebound.

The Veteran's right forearm scar, status post (s/p) incision and drainage was evaluated as non-compensable under the applicable VA rating criteria. The evidence did not support a higher evaluation based on the current symptoms or medical findings.

The Veteran's PFB-related anterior neck scarring is rated at 30 percent disabling, effective October 4, 2021. A separate rating of 10 percent for a painful scar associated with the PFB is also granted.

The Veteran's claims for service connection for depressive disorder, right shoulder strain, and scar (disfigurement) have been denied. The claim for erectile dysfunction remains pending as the effective date is being remanded.,An effective date prior to April 24, 2020, was not granted for any of the conditions listed.

The Veteran's claims for an effective date earlier than August 6, 2021 for the grant of service connection for tinnitus and an effective date earlier than August 25, 2023 for the grants of service connection for lumbar radiculopathy, sciatic, left and right are denied.,The Veteran's claims for a rating in excess of 50 percent for PTSD with alcohol use disorder, an initial compensable rating for bilateral hearing loss, a rating in excess of 10 percent for tinnitus, a rating in excess of 20 percent for disc degeneration at fifth lumbar, first sacral of the lumbar spine, and ratings in excess of 40 and 20 percent for lumbar radiculopathy, sciatic, left and right are denied.,The Veteran's claims for a compensable rating for scar, left knee, a rating in excess of 10 percent for painful scar, left knee, and a compensable rating for hemorrhoids are denied.

The Board has determined that the VA examinations and opinions are inadequate for adjudicatory purposes, necessitating a remand to obtain additional medical opinions addressing the Veteran's sleep apnea as secondary to his service-connected post fractures.

The Veteran's bilateral corneal scarring, residuals right iridectomy, and traumatic cataract did not meet the criteria for a compensable rating. Service connection for unspecified pterygium of the right eye was also denied.

The Board has denied the Veteran's claims for service connection and increased ratings for his cyst/benign growth of skin, gastroenteritis, middle left anterior trunk scar, and scars of the upper and lower left anterior trunks. The evidence does not support a finding of current disability related to these conditions.

The Veteran's appeal for an initial rating in excess of 50 percent for PTSD has been denied. The Board also remanded several other issues, including service connection claims for various conditions.

The Veteran's claims for increased ratings and an effective date prior to November 5, 2018, for right lower extremity radiculopathy are remanded due to duty-to-assist errors. The Board also found that the evidence supports a finding of entitlement to an earlier effective date of May 16, 2018.

The Veteran's right shoulder disorder and back scar were granted service connection, while the claims for left lower extremity radiculopathy involving femoral and sciatic nerves had earlier effective dates of January 17, 2019.

The Board has remanded the issues of TDIU as of December 3, 2015 and a higher rating for nasal fracture residual scar due to conflicting medical evidence regarding the presence of a scar. The issue of TDIU prior to December 3, 2015 is also remanded.

The Board has remanded the case for further development and consideration, including obtaining private treatment records and reviewing evidence added to the claims file since the March 2023 Supplemental Statement of the Case. The Veteran's TDIU rating claim is being referred to the Director of Compensation Service for extraschedular evaluation prior to May 22, 2024.

The Board has remanded the Veteran's claims for service connection due to outstanding records and further examination. The appeals are not granted as there is no evidence of an earlier effective date.

The Veteran's right ankle disorder is currently rated at 30 percent, which does not meet the criteria for a higher rating. The Board finds that an increased rating is not warranted.,Prior to March 6, 2024, the Veteran was found to be unemployable due to his service-connected disabilities, but this determination is moot as he has since achieved a combined disability evaluation of at least 100 percent from March 6, 2024.

The Veteran withdrew his appeal regarding the ratings for PTSD, TBI with neurocognitive disorder and vertigo, and a right thumb scar. The Board dismissed the appeal as a result.

The Board dismissed the Veteran's appeals for right knee scars and left shoulder disability, denied entitlement to higher ratings for right knee disabilities including instability and dislocated semilunar cartilage, denied a compensable rating for bilateral hearing loss, and did not grant service connection for PTSD.

The Veteran's claims for hearing loss, melanoma, and right foot scar are being remanded due to duty-to-assist errors. The RO must obtain the Veteran's medical records from Cleveland Clinic and provide him with an adequate VA examination.