Scars decisions — 2024

The Veteran's claims for increased ratings for bilateral hearing loss and painful left wrist scars were denied as the evidence did not support higher disability ratings under VA rating criteria.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since July 15, 2019.

The Board has decided that the Veteran's right shoulder arthroscopy scars do not warrant a compensable rating. The left ankle disability claim is remanded for further development.

The Board has granted effective dates of December 17, 2020 for service connection and increased ratings in various cases. The claims were reopened on new evidence received after the final decisions.

The Veteran's appeal for TDIU stems from his November 2018 claim, and the effective date of TDIU is denied as a matter of law due to the finality of prior decisions.

The Veteran's claim for a compensable rating for service-connected residuals of bilateral eye corneal scars has been denied. The VA examiner found that the Veteran's visual acuity was 20/20 or better bilaterally, and there were no documented incapacitating episodes.,The Veteran's claims for service connection for a headache disability and sinus disability have been remanded due to insufficient examination reports.

The Board has granted a 10 percent evaluation for the service-connected lower abdomen scar, finding that it is painful and resolving all doubts in favor of the Veteran.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected scars of bilateral feet s/p bunionectomy was denied as the evidence did not support a higher evaluation.

The Veteran's increased disability rating for his residual scar of thoracolumbar spine was granted, with a final effective date set at the date of the July 2021 agency decision.

The Board has restored the Veteran's 20 percent disability rating for service-connected painful left knee surgical scars, as the reduction was not based on improvement in his ability to function under ordinary conditions of life and work.

The Veteran's claim for an increased rating for degenerative arthritis of the lumbar spine is no longer on appeal due to service connection being awarded. The case is now remanded for further development and readjudication.

The Board has determined that the Veteran's claims for service connection have been improperly adjudicated due to a failure to obtain all relevant medical records and Social Security disability records. The case is being remanded to correct this error.

The Veteran's claims for effective dates prior to February 19, 2021 were denied. The Board found that the evidence did not demonstrate a factually ascertainable increase in disability within one year prior to the date of claim.,The Veteran was granted service connection and increased ratings for TBI, bilateral hearing loss, tinnitus, scar on the right side of the head, and residuals headaches as of February 19, 2021. The Board denied claims for earlier effective dates.

The Board has granted service connection for bilateral hip disabilities and a post-surgical right hip scar, finding that the Veteran's congenital hip conditions were aggravated by his active service.

The Board denied the Veteran's claims for an earlier effective date for dependency benefits and a higher rating for PTSD, stating that no exceptions to the legal provisions governing effective dates apply.

The Board has determined that the Veteran's claim for VR&E services, including independent living assistance, was not properly considered due to a pre-decisional duty to assist error. The case is being remanded to provide the necessary assessments and determine eligibility for such services.

The Veteran's appeal for service connection for squamous cell carcinoma, left hand with scar is dismissed as the Veteran requested to withdraw his appeal.

The Veteran's appeal for a higher rating for left knee strain is denied as his symptoms do not more nearly approximate unfavorable ankylosis in flexion between 10 and 20 degrees or worse.,The Veteran's appeal for a compensable rating for the left fifth finger scar is denied as the evidence does not show that the disability warrants such a rating.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the Veteran's skin ulcerations and chronic nephritis, which may be related to toxic exposures during his service in the Southwest Asia theater of operations.

The Veteran's claims for service connection for neck disability, right and left upper extremity radiculopathy, and a post operative neck scar are granted with effective dates of March 14, 2013.