Scars decisions — 2024

The Veteran's appeal for an increased rating of 10 percent for a head scar was granted, effective September 7, 2022. The appeal regarding the reduction in rating for posttraumatic headaches from 30% to noncompensable was dismissed.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected conditions, including panic disorder in remission and chronic pain disorders. Therefore, secondary service connection for OSA is granted.

The Veteran's claim for cervical spinal fusion, neck scars, and loss of taste was granted with an effective date of November 11, 2016. The initial rating for the cervical spinal fusion (with neck resection surgery) status post squamous cell carcinoma, base of tongue remains pending.

The Veteran's TDIU and Dependents' Educational Assistance (DEA) claims are granted effective March 16, 2016. The effective date for DEA is the same as that for TDIU.

The Veteran's appeal for an increased disability rating for residual scarring from retinal detachment in the left eye was dismissed because he did not follow the proper procedures under the Appeals Modernization Act (AMA).

The Veteran withdrew his appeal due to satisfaction with current evaluations.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, and the Board denied his claim for TDIU.

The Veteran's claims for service connection for various conditions, including traumatic brain injury, vertigo, shoulder disabilities, elbow and wrist disabilities, hand disabilities, hip disability, ankle disabilities, respiratory breathing problems, frontal sinusitis, and rhinitis are denied. The Board notes that the Veteran is presumed to have been exposed to fine particulate matter during his service in Southwest Asia during the Persian Gulf War.,Service connection for frontal sinusitis and rhinitis is granted based on presumptive exposure to fine particulate matter due to service in Southwest Asia.

The Veteran's appeal for specially adapted housing and special home adaptation grant was denied as none of his service-connected disabilities meet the criteria for such benefits. The appeal for an allowance for an automobile or other conveyance and adaptive equipment only was also denied.

The Veteran withdrew his appeal for all issues related to service connection and increased ratings, resulting in the dismissal of these appeals.

The Board has granted service connection for nephrolithiasis (kidney stones) with frequent urination and a left kidney scar, but denied service connection for residuals of throat cancer and an acquired psychiatric disorder.

The Veteran's claims for effective dates prior to May 25, 2017 and May 30, 2018 for left total knee replacement and right hip scar, respectively, are denied. The claim for extension of a temporary total rating beyond July 1, 2018 is also denied. A compensable rating for the right hip scar is not granted. The Veteran's claims for increased ratings for his back disability are also REMANDED.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU as they are rated at less than 60% combined.

The Veteran's claim for service connection for angioedema has been granted due to the submission of new and relevant evidence. The claim for a compensable rating for her surgical scar, left breast, remains denied.

The Veteran's appeal is denied as he does not meet the criteria for a special home adaptation grant due to his service-connected disabilities, which do not include anatomical loss or use of both hands or burn injuries.

The Veteran's service-connected disabilities require regular aid and attendance, warranting special monthly compensation based on aid and attendance.

The Board has granted service connection for obstructive sleep apnea, finding that it is secondary to the Veteran's service-connected status post left/right hammer toe surgery with residual scars and degenerative joint disease. The decision resolves all reasonable doubts in favor of the Veteran.

The appeal for the issue of service connection for uterine fibroids with laparoscopic myomectomy is dismissed as moot.,The appeal for the issue of service connection for a residual scar from the laparoscopic myomectomy is dismissed as moot.

The Veteran's claim for service connection for a head injury is denied as there is no evidence of a causal relationship between the claimed condition and service.,The Veteran's increased rating claim for nasal obstruction is denied because he does not have nasal polyps, which are required for a higher rating under DC 6522.,The reduction in the rating from 10 percent to non-compensable for painful scars of the nose/septal area was proper as there was actual improvement noted during the period.

The Veteran's claims for service connection for scars of the right upper shoulder and forearm, as well as hypertension under the PACT Act, are being remanded due to procedural issues.,Claims for bilateral hand tremors, gout, and sleep apnea remain unresolved.