Scars decisions — 2024

The Veteran's claims for an earlier effective date for asthma, increased disability evaluation for left wrist scar, and service connection for IBS are being remanded due to errors in the decision-making process.

The Veteran's lung cancer status post left pneumonectomy resulted in a noncompensable rating due to residual shortness of breath and PFT results not meeting the criteria for a compensable rating.,The Veteran's scar, left chest associated with lung cancer also received a noncompensable rating as it did not meet the criteria for any specific skin disability rating.

The Veteran's appeal is remanded for further development regarding service connection for a stomach disability.,Service connection for bilateral hearing loss, pes planus (left foot), and left forearm disability are denied. Service connection for sleep apnea remains in dispute.

The Veteran's claims for service connection and increased ratings are denied. The AOJ is directed to obtain a VA medical examination addressing the nature and etiology of the claimed conditions, specifically plantar fasciitis in the left foot.

The Veteran's appeals for a compensable rating for residual scar, bilateral gynecomastia, service connection for a right shoulder disability, and entitlement to TDIU have been withdrawn by the Veteran's representative. As a result, these issues are dismissed.

The Veteran's initial compensable rating for his service-connected scar, right knee residuals, is denied. However, a separate 10 percent rating for the painful scar, right knee residuals, effective from October 3, 2017 to February 8, 2022, is granted.

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) from December 21, 2017 to July 20, 2020 was dismissed because he is already in receipt of a 100% combined schedular disability rating and none of his service-connected disabilities alone would warrant a TDIU.

The Board has determined that the Veteran's home modifications and equipment purchases are necessary to enable him to function more independently in his family and community without assistance, or with a reduced level of assistance.,However, additional equipment purchases and/or home modifications, such as an overhead cover for a wheelchair lift at the front of the home, a cover over the front walk, installation of a central air conditioning system, an addition to the home to include installation of a new bathroom downstairs, extension of the rear of the main bedroom to create space for a walk-in closet and a work-out room on the floor below; and creating access to an existing outdoor kitchen located near the pool area, are not necessary.,The Veteran's service-connected conditions do not necessitate these additional modifications.

The Board denied service connection for alcohol use disorder and an anxiety disorder, granted service connection for a deviated septum, and granted ratings of 80 percent but no higher for narcolepsy and 20 percent but no higher for dry eye syndrome with arcus senillis.

The Board granted a 100 percent rating for the Veteran's service-connected psychiatric disability and restored ratings for right knee instability and limitation of extension, while denying compensable ratings for right knee scarring, inguinal hernia, and inguinal hernia scarring. The Veteran was also awarded special monthly compensation.

The Veteran's headaches are granted as secondary to service-connected tinnitus. The scar to the forehead, left knee disability, and left arm disability are denied. Service connection for pes planus is also denied.

The Board has remanded the Veteran's claims due to inadequate VA examinations and the need for a new examination to assess the severity of his service-connected scars and lesions.

The Board has dismissed the claim as the Appellant filed a concurrent election for an increased rating, which is not allowed under VA regulations.

The Board denied the Veteran's claims for an increased rating and a compensable rating for his right hand burn scar with keloid formation, as the evidence did not support higher ratings under applicable criteria.

The Board denied the Veteran's claims for service connection for a boil on his buttocks, an increased rating for CAD, and compensable ratings for his groin scars. The Board found no current diagnosis or symptoms related to these conditions.,For hypertension, the highest systolic rating was 161, and the highest diastolic rating was 104.

The Veteran's service connection claims for migraines, ingrown toenails (right foot), and TMJ dysfunction have been granted. The claims for right ankle condition, left ankle condition, scar on the right leg, and low back condition are being remanded.

The Veteran's tinnitus, left shoulder strain, and left knee strain are all found to have arisen during service. The boutonniere deformity of the left ring finger is also found to have arisen during service.,Service connection for a bilateral foot disability (pes planus) is denied.

The Veteran's claim for an earlier effective date for SMC HB was denied as the evidence did not show that he met the criteria for SMC HB based on his service-connected disabilities and unemployability.

The Veteran's back disability is not rated higher than 20 percent due to limited forward flexion of the thoracolumbar spine.,The right foot disability does not warrant a compensable rating as it has mild symptoms and no functional loss.

The Board has dismissed the Veteran's claims for service connection for PTSD, scars from second degree burns, and severe burns on the right side of his face. The Veteran was granted service connection for unspecified depressive disorder in March 2024, which covered some aspects of the PTSD claim.