Scars decisions — 2024

The Board has restored the Veteran's 20% evaluation for his painful right foot surgical scar, effective from October 28, 2020, finding that there was no material improvement in the condition and that such improvement would not be maintained under ordinary conditions of life.

The Board has granted an effective date of February 11, 2022 for the assignment of a disability rating of 10 percent for painful scar, status post mass removal right forehead/eyebrow area. The Veteran is not entitled to a higher rating or earlier effective date.

The Veteran's appeal for a higher rating for her right upper extremity scar was denied, while she was granted a total rating for PTSD with major depressive disorder.

The Board has determined that the Veteran does not have a current ulcer and therefore, service connection for an ulcer is denied. The remaining issues on appeal are remanded due to pre-decisional duty to assist errors.

The Veteran's service connection claim for scars of the left middle and ring fingers is granted. The claim for bilateral knee condition, including any underlying scarring, is remanded.

The Veteran's claims for service connection for left and right shoulder degenerative changes, cervical spondylosis with radiculopathy of the upper extremities, and gunshot wound residuals were denied. The claim for radiculopathy of the right upper extremity was granted with an earlier effective date of October 17, 2017.,The Veteran's service connection claims for cervical spondylosis, degenerative disc disease; left upper extremity radiculopathy; and gunshot wound residuals were denied. The claim for residual scar posterior trunk was also denied.

The Veteran's service-connected residual scar and status post excision of a benign teratoma from testicle have been granted. However, his claims for second degree burns of the right hand and left hand, as well as tinnitus, have been denied.,Service connection has not been established for any of the conditions in question.

The Board has dismissed the appeals regarding proposed severance of service connection for kidney disease and residuals of a nephrectomy scar because the VA had not yet made a final decision to sever service connection.

The Board denied the Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) prior to May 2, 2016. The evidence did not show that there was an increase in disability during the one-year period before the date of the Veteran's claim.

The Veteran's claims for increased disability ratings were denied as the evidence did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board denied the request to revise a September 1972 decision that granted service connection for scars, moderately disfiguring, residual of incision of basal cell carcinoma, right forehead and above right eyebrow with a 10 percent evaluation due to no clear and unmistakable error being found.

The Board has waived the 60-day timeliness requirement for filing a substantive appeal and accepted the March 2020 VA Form 9 as timely. The issues of entitlement to an increased rating, service connection, and TDIU are all granted.

The Veteran's rating for painful right foot scars was reduced from 20% to 10%, effective February 16, 2022. The Board has restored the original 20% rating.

The Board has remanded the case due to inadequacy of a TBI examination and the need for a new examination. The Veteran's headaches are related to his service-connected TBI, but other conditions also contribute to his disability.

The Veteran's claim for an initial rating of 10 percent, but no higher, for painful scars on the left index finger and right shin has been granted.

The Board has decided to reduce the Veteran's prostate cancer rating from 100% to 60%, effective July 1, 2024. The issue of a separate rating for surgical scars related to prostatectomy is remanded due to inadequate examination.

The Veteran's claims for effective dates prior to August 21, 2014, for service connection were denied.,Effective date of August 21, 2014 was granted for the award of service connection.

The Veteran's treatment at a non-VA facility was not for an emergency condition and VA facilities were feasibly available, leading to the denial of payment or reimbursement.

The Veteran's service-connected disabilities render him unable to perform daily activities of living without the assistance of another, and he meets the requirements for aid and attendance from another. As a result, his claim for SMC based on the need for aid and attendance is granted.

The Board denied service connection for right and left hip scars as they are not related to service or any service-connected disability.