Scars decisions — 2024

The Veteran's claims for earlier effective dates of service connection for thoracolumbar strain, degenerative arthritis of the right knee, and right knee scars have been denied.,There is no evidence in the record that supports an earlier effective date for any of these conditions.

The Veteran's claim for increased ratings for his right knee scars, instability, and limitation of flexion was denied. The Board found that the evidence did not support a compensable rating for the scars or a rating in excess of 10 percent for the limitation of flexion. A rating of 20 percent was granted for right knee instability.

The Board has determined that an effective date prior to February 23, 2024 for SMC at the housebound rate is not warranted due to the Veteran's final claims and subsequent rating decisions. The case is remanded for a VA examination to determine if the Veteran needs regular aid and attendance based solely on service-connected disabilities.

The Veteran's service-connected disabilities, including traumatic brain injury and PTSD, have resulted in the need for regular aid and attendance of another person. The Board finds it at least as likely as not that the Veteran is in need of such assistance due to his service-connected conditions.

The Veteran's claim for increased ratings was granted for pterygium and dry eye syndrome of the left eye, but denied for PFB and scarring of the left hand. The Veteran is now rated at 10% for these conditions.

The Veteran withdrew his appeals, and the Board has dismissed them.

The Veteran's left foot scar, resulting from a bunionectomy procedure in February 2003, was found to be less than an area of 144 square inches or greater. Therefore, the claim for a compensable rating is denied.

The Board has decided to remand the case due to inadequate medical opinions regarding the cause of death and DIC claim. The AOJ is required to obtain new VA medical opinions addressing whether service-connected conditions contributed to the Veteran's death, as well as any negligence in reducing his pain medication.

The Board has granted service connection for tinnitus and remanded the rating decision for linear chin scar.

The Veteran's throat cancer and its residuals are related to their exposure to herbicide agents in Vietnam, meeting the criteria for service connection.

The Veteran's claims for initial and compensable ratings for scars, right foot and ankle are being remanded due to a duty-to-assist error. The AOJ is instructed to obtain VA treatment records from August 2019 to January 2020 related to the Veteran's right ankle surgery.

The Board has remanded the claim of entitlement to a total disability rating based on individual unemployability (TDIU) on an extraschedular basis prior to August 1, 2023 due to failure to substantially comply with the Board's October 2023 remand directive.

The Board has denied the Veteran's claims for service connection for acne and acne facial scars, finding that there is no current disability of acne and that the acne did not begin during active duty. The claim was denied as the evidence does not support a finding of in-service incurrence or aggravation.

The Veteran's bilateral hearing loss is currently rated at 20 percent, but does not meet the criteria for a higher rating.,The Veteran's tinnitus is assigned the maximum schedular evaluation of 10 percent under Diagnostic Code (DC) 6260.,The Veteran's left inguinal hernia repair does not more nearly approximate a post-operative recurrent inguinal hernia, readily reducible and well supported by a truss or belt, warranting a compensable rating.,The Veteran's posterior trunk scar, post lumbar surgery, and anterior trunk scar, status post hernia repair do not meet the criteria for an initial compensable rating under DC 7802 due to their size and nature.,No effective date provided as this is a denial of claims.

The Board denied the Veteran's claims for an earlier effective date for TDIU and Dependents' Educational Assistance benefits prior to July 5, 2018. The evidence did not provide a factually ascertainable date that entitlement to a TDIU arose prior to this date.

The Board dismissed the appeal of a proposed reduction in disability rating for painful surgical scars, left ankle from 20% to noncompensable (zero%). The Veteran did not file an appeal within one year of receiving notification of the decision.

The Veteran's claim for an earlier effective date for the grant of service connection for tinea versicolor is dismissed.,The Veteran's claim for a rating in excess of 10 percent for her skin disability (formerly rated as hypersensitivity reaction with residual scarring of the bilateral arms) is denied.

The Veteran's initial compensable ratings for actinic keratosis and scar, bridge of nose as secondary to actinic keratosis have been denied.

The Veteran's claim for an initial rating in excess of 10 percent for acne with scars disability is denied.,The Veteran's claim for an initial compensable disability rating for erectile dysfunction is denied.

The Veteran's right ankle lateral collateral ligament sprain and tendonitis status post Broström procedure, left ankle and foot peroneal longus tendinitis, and right ankle postsurgical scar are all rated at 10%. The service connection for bilateral plantar fasciitis and postsurgical right foot nerve damage is denied.