Scars decisions — 2024

The Veteran's service-connected disabilities do not meet the criteria for SMC based on aid and attendance/housebound status as he is able to perform most daily activities independently, including walking short distances without assistance.

The Veteran's left lower extremity and abdominal scars are rated at the highest available rating due to painful, but not unstable, scars. Her anemia is currently noncompensable.,The Veteran's hysterectomy scars do not meet the criteria for a compensable rating.

The Veteran's cause of death, a hemorrhagic stroke, is determined to be related to his service-connected disabilities. The Board finds that the evidence is at least in equipoise as to whether these service-connected conditions contributed to the Veteran's death.

The Board has found pre-decisional duty-to-assist errors in the right knee and scar disability claims, requiring VA examinations to be conducted for proper evaluation.

The Board found that the reduction from a 60% to a 30% disability rating for the respiratory disability was proper due to clear and unmistakable error (CUE) in the January 2018 rating decision. The claim for restoration of the 60% rating is denied.

The Veteran's claims for earlier effective dates for the award of service connection for his left and right knee surgical scars have been dismissed as a matter of law.,The Veteran's requests for compensable evaluations for his left and right knee surgical scars were denied.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the TDIU is granted from October 29, 2018, to June 3, 2021.

The Veteran's claims for increased ratings on his left shoulder disability, left shoulder scar, and back disability are being remanded due to a duty to assist error. The appellant is asked to provide authorization for VA to obtain any relevant medical records from Dr. Powers.

Your appeal has been dismissed due to the Veteran's death. The claims for service connection have not been decided.

The Veteran's claim for an effective date earlier than May 4, 2021 for the award of service connection for unspecified bipolar and related disorder was denied. The claims for increased ratings for radiculopathy of the left lower extremity from May 20, 2019 to May 20, 2021 were also denied.

The Board has dismissed all pending appeals due to the Veteran's withdrawal of his claims prior to a final decision.

The Board granted service connection for various conditions, including lumbar spine disability and bilateral knee condition. The Veteran's obesity was not found to be a compensable disability. Service connection was denied for jaw condition, skin condition (claimed as athletes' foot), bilateral hearing loss, ED secondary to PTSD, TBI, migraine headaches, residual scar of the head/scalp, scar of the lower back, and right shoulder and right foot scars.

The Veteran's appeal is remanded for further development regarding his right knee scars and effective date claims.,His depressive disorder claim has been granted with a 50% rating, but no higher.

The Board denied the Veteran's claim for an initial compensable rating for right knee scars associated with degenerative arthritis, finding that the evidence did not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Veteran's service-connected disabilities did not manifest the necessary conditions for SMC based on the need for regular aid and attendance, as he was able to perform daily activities without requiring assistance from another person.

The Veteran's service-connected conditions have rendered her in need of regular aid and attendance, warranting special monthly compensation based on aid and attendance.

The Veteran's appeals for higher disability ratings for hernia surgery scars, left ankle surgery scar, right lower extremity restless leg syndrome, and left lower extremity restless leg syndrome were denied. The Board found that the Veteran's scars do not meet criteria for a compensable rating and his restless leg syndrome does not meet criteria for a greater than 10 percent rating.

The Veteran's right pectoralis tear with right shoulder degenerative joint disease and rotator cuff strain is rated at the maximum schedular rating of 30 percent, as there is no evidence of ankylosis or other impairment.,The linear surgical scar in the right pectoral region measures 10 cm x 0.5 cm and does not meet the criteria for a compensable rating under Diagnostic Code 7802 due to its small size and lack of pain or instability.,Diabetes mellitus Type II is rated at the minimum noncompensable rating, as it requires restricted diet and/or oral glycemic agent but no daily insulin injection or activity restriction.,Actinic keratosis with chloracne has not covered 20 to 40 percent of the entire body or exposed areas, nor required any systemic treatment.

The appeal is remanded for an audit of the Veteran's VA compensation benefits and to determine if he has been paid all his entitled funds from April 1, 2023 to September 1, 2023.

The Veteran's claims for effective dates before December 22, 2021, for the grant of service connection for left knee scar and left knee strain have been denied as they are not supported by evidence that an intent to file a claim was submitted within one year of his separation from active duty.