Scars decisions — 2024

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions do not prevent him from securing and following substantially gainful employment.

The Veteran's death was not due to a service-connected disability, and the evidence does not support finding that any service-connected condition contributed substantially or materially to cause his death. The Board denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C. § 1318.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for further examination and review of his case. The Board found that additional evidence was needed before a decision could be made on these issues.

The Board has determined that the Veteran's claims for service connection are remanded due to a lack of VA examinations and incomplete military records. The effective date for the award of a 40 percent rating for bilateral hearing loss is granted as December 17, 2018.

The Veteran's right hip limitation of extension is rated as noncompensable, and the right wrist scar associated with ganglion cyst excision is also rated as noncompensable.,An earlier effective date for service connection of both conditions was granted.

The Board has granted earlier effective dates of October 1, 2007 for the Veteran's service connection claims for left knee meniscal tear residuals, left Achilles' tendon rupture, and left ankle scar.

The Veteran's appeals for a higher rating for arthritis, degenerative right ankle and initial compensable rating for scars, right ankle surgery were both denied by the Board of Veterans' Appeals.

The Veteran's initial ratings for sleep apnea, GERD, tinnitus, and scars were denied as the evidence did not support higher evaluations.,The Veteran's erectile dysfunction was also denied as there is no basis for a compensable rating.

The Veteran's claim for SMC based on loss of use of the left hand is dismissed as it has already been granted. The Board finds that he meets the criteria for SMC by reason of need for regular aid and attendance due to his service-connected disabilities, including loss of use of the left hand. However, he does not meet the criteria for SMC based on housebound status.

The Board has determined that the discontinuance of SMC at the housebound rate was improper and has revised the effective date to October 1, 2022. The Veteran's entitlement to SMC benefits is now correct as of this date.

The Board has denied a rating in excess of 10 percent for the Veteran's scar tenderness status post left inguinal hernia with residual scar, finding that the established schedular criteria are adequate to describe the severity and symptoms of the condition. The appeal is dismissed.

The Board has granted service connection for the Veteran's basal cell carcinoma with residual scars, finding that it is causally related to herbicide exposure during service.

Your service connection claims for lung cancer and residual scars, status post-surgery for bladder and right renal cancer have already been granted. The appeals are dismissed as the benefits were fully awarded.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, as he is capable of functioning in a sedentary work environment.

The Board denied the Veteran's requests for earlier effective dates for service connection and increased ratings, finding that the earliest effective dates were May 10, 2021 (for hysterectomy) and March 4, 2021 (for painful scar post cesarean).

The Veteran's appeal for left shoulder surgical scars has been dismissed.,The Veteran's appeals for an earlier effective date for service connection and increased rating of ventral hernia have been dismissed.,The Veteran's appeal for a higher rating of his ventral hernia has been granted with a 40 percent disability rating.,The Veteran's appeal for a higher rating of his status post herniorrhaphy residual scar has been granted with a 10 percent disability rating.

The Board denied service connection for breast cancer, finding that the Veteran's current disability is not due to or aggravated by her service-connected fibrocystic breast disease. The Board also denied service connection for residual scars, status-post bilateral breast mastectomy, as secondary to breast cancer.,Both claims were denied on the grounds that there was no evidence showing a causal relationship between the Veteran's service-connected condition and her current disabilities.

The Veteran's appeals for increased ratings have been remanded due to the need to consider the ameliorative effects of medication on his bowel obstruction. The abdominal scars and right groin strain issues remain unresolved.

The Board has restored service connection for scar on the forehead due to undifferentiated pleomorphic sarcoma, finding that the original grant of service connection was based on a clear and unmistakable error.

The Veteran's service-connected right lower extremity scars are granted a 20 percent rating, but no higher. The left ankle strain/sprain is denied any increase in rating beyond the current 10 percent. Service connection for PTSD and lumbar spine condition are also granted.