Scars decisions — 2024

The Veteran's acne with scarring (head, face, or neck) is remanded for further development and a VA medical opinion to determine if it pre-existed service, was aggravated by service, and is related to any service-connected conditions.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, qualifying for TDIU. The Veteran does not meet the criteria for SMC at the housebound rate.

The Board denied service connection for bilateral knee disabilities and a head injury, finding no evidence of in-service injuries or diseases that would support the claims. The left lower extremity scar above the kneecap was remanded due to a duty to assist error.

The Veteran's death was caused by his service-connected obstructive sleep apnea, which the Board found to be a principal cause of death. Therefore, DIC benefits are granted for the cause of death. The appeal for DIC under 38 U.S.C. § 1318 is dismissed as moot.

The Veteran's claim for a rating in excess of 10 percent for facial scars is denied.,The Veteran's claim for a rating in excess of 10 percent for painful scars is denied.

The Veteran withdrew his appeals for service connection for a right eye disability and a higher rating for a scar with sensory cutaneous nerve parasthesia. The Board dismissed these claims as the Veteran requested to withdraw them.

The Board denied the Veteran's requests for earlier effective dates for service connection of his left knee conditions, finding that the earliest date of claim was July 17, 2019.

The Veteran's claim for an earlier effective date for service connection of scars of the abdomen and chest was denied.,The Veteran's request for a disability rating in excess of 30 percent for painful scars of the abdomen and chest with at least one being both painful and unstable, as well as a compensable rating for superficial and non-linear scars of the abdomen and chest, were also denied.

The Veteran's claim for a compensable evaluation for surgical scar, right shoulder was denied.,The Veteran's claim for an earlier effective date for the evaluation of surgical scar, right shoulder was denied.,The Veteran's claim for an earlier effective date prior to December 14, 2020 for the grant of service connection for tinnitus was denied.

The Veteran's claims for effective dates prior to October 4, 2021, for service connection were denied as the records added after the May 1972 rating decision are not relevant to his claim.,The Veteran's claims for effective dates prior to December 1, 2021, for service connection were denied as the records added after the May 1972 rating decision are not relevant to his claim.

The Board has dismissed all increased rating claims and the special monthly compensation claim due to the Veteran's death.

The Board has granted an annual clothing allowance for the right ankle brace used to treat service-connected right ankle degenerative joint disease (DJD) and right knee pain associated with right ankle DJD. The decision is based on the Veteran's continued use of the brace, which causes wear and tear on his clothing.

The Board denied the Veteran's request for reentry into VR&E independent living services due to a lack of evidence showing his disabilities have worsened to the point he has sustained a substantial loss of independence following his previous determination of rehabilitation.

The Veteran's claims for service connection for hysterectomy, scar status post hysterectomy, and SMC based on anatomical loss of a creative organ were granted with effective dates of October 13, 2010. The Veteran was assigned a 50% rating for her service-connected hysterectomy.

The Board has decided to remand the case due to a duty to assist error, specifically the lack of a medical opinion regarding whether the Veteran's eye disabilities are related to service. The AOJ is required to obtain a VA opinion on this issue.

The Veteran's service-connected disabilities from June 24, 2010 to June 14, 2016 precluded him from securing or following a substantially gainful occupation.

The Veteran's claims for increased ratings for his service-connected scars have been denied. The left arm/forearm and right and left upper back/shoulder blade scars do not meet the criteria for a compensable rating under Diagnostic Code 7802, but he is granted a separate 30 percent rating for painful scars.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence regarding his claimed conditions. The Veteran will need to undergo VA examinations to determine if he has current disabilities related to his active duty service.

The Board has granted the restoration of service connection for six disabilities: left upper leg gunshot wound, left forearm gunshot wound, entry and exit wounds associated with lumbar spine injuries, paralumbar muscles injury, PTSD, and left knee osteoarthritis. The original grant was based on direct evidence rather than a presumption or secondary condition.

The Veteran's TDIU claim is granted with an effective date of January 3, 2018. His Dependents' Educational Assistance eligibility is also granted from the same date.