Scars decisions — 2024

The Veteran's service-connected scars status-post ACL repair, left knee, do not warrant a compensable rating.,The Veteran's left knee disability does not meet the criteria for a rating in excess of 10 percent disabling based on limitation of flexion. Separate ratings for painful extension and instability have been granted.,Service connection has been established for right ear hearing loss, chronic sinusitis, and chronic headaches.,Left ear hearing loss service connection is denied.,The Veteran's left knee disability warrants separate 10 percent ratings for painful extension and instability.

The Veteran's claim for service connection for right shoulder shrapnel wound scar is granted. The claims for bilateral hearing loss and increased disability ratings for right shoulder bicipital tendonitis, lumbar strain with DDD and arthritis, and head injury are remanded.

The Board has granted the veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities. However, SMC by reason of being housebound is denied as he does not meet the criteria.

The Board denied service connection for the left shoulder scars disability as secondary to a service-connected condition (left shoulder impingement syndrome with arthritis). The Veteran's current left shoulder scars were not found to be related to his service-connected condition.

The Veteran's appeal for a higher rating for recurrent right ankle sprains has been denied as the evidence does not support a rating in excess of 10 percent.,The Veteran's appeal for a compensable rating for his right ankle surgical scar has been denied as the scar area is less than 144 square inches and not associated with underlying soft tissue damage.,The Veteran's appeal for an increased rating for PTSD remains pending due to a duty-to-assist error in the prior decision.

The Veteran's appeal for a higher rating for recurrent right ankle sprains has been denied as the evidence does not support a rating in excess of 10 percent.,The Veteran's appeal for a compensable rating for his right ankle surgical scar has also been denied due to the scar measuring less than 144 square inches and not associated with underlying soft tissue damage.,The Veteran's PTSD claim is remanded as there was an error in failing to consider updated evidence showing suicidal ideation.

The Veteran's right knee residuals, limitation of extension are not entitled to an effective date prior to July 5, 2018 as there was no indication of such disability prior to that date and the claim for increased rating was filed within one year after the VA examination.,The Veteran's allergic rhinitis with post-operative deviated nasal septum is not entitled to an effective date prior to February 1, 2009 as her last day of active service was January 31, 2009 and she filed a claim within one year after separation from service.,The Veteran's bilateral cataracts with left corneal scar are not entitled to an effective date prior to February 1, 2009 as her last day of active service was January 31, 2009 and she filed a claim within one year after separation from service.

The Veteran's service connection claims for PTSD, TBI, craniotomy, orbital fracture, facial and scalp scars, radial nerve injury, shrapnel injuries, loss of smell, seizures, right wrist injury, and tinnitus are granted. Additionally, the Veteran is awarded Special Monthly Compensation (SMC) for anatomical loss of the left eye.

The Board has remanded the Veteran's claims for increased ratings for his left knee, left inguinal hernia, and left groin scar disabilities due to inadequate examinations at the time of the prior rating decisions. The issues are being returned for further development.

The Veteran's right knee disability is granted a separate 10 percent rating for instability from December 31, 2008 to February 6, 2021 and a 20 percent rating thereafter.,Effective May 1, 2011, the Veteran is granted service connection for a painful scar of the right knee following his right knee surgery in 2011.,Effective May 1, 2011, the Veteran is also granted service connection for right lower extremity neuropathy involving the sciatic nerve and anterior crural and internal saphenous nerves following his right knee surgery in 2011.,The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disability secondary to a right knee disability.

The Veteran's claim for an earlier effective date for the 50 percent rating of sleep apnea was denied. The Veteran also received a grant of special monthly compensation based on housebound status.

Your appeals for higher initial evaluations for right total knee arthroplasty and right knee surgical scar have been dismissed due to the Veteran's death. The appeal will not resume if a surviving family member requests substitution.

The Board has determined that the severance of service connection for right, left foot disabilities and left foot scar was improper. The appeals are granted.

The Veteran's claim for service connection for arrhythmia was denied due to lack of evidence showing a current diagnosis related to his active service or service-connected hypertension.,Service connection for left knee strain and right knee strain (post-ACL repair and meniscectomy) were granted with effective dates prior to October 29, 2018. The scar on the right knee was also granted an initial non-compensable rating.

The Veteran's claim for a compensable evaluation for residual surgery scars of the back, left shoulder, and right shoulder is denied as there are no other disabling effects not considered in a rating provided under Diagnostic Codes 7800-04.

Service connection for bilateral hearing loss is granted.,Entitlement to a compensable rating for the left eye condition is denied.,Service connection for depression and/or a mental condition (schizophrenia) is granted with a 100% rating effective October 23, 2018. The claim for service connection for depression and/or a mental condition is dismissed as there remains no case or controversy as to this issue.,Service connection for the right knee condition is denied.,Service connection for hypothyroidism is granted.

The Veteran's appeal for an earlier effective date for his right knee surgical scar was denied. The Board found that the scar did not exist prior to the surgery and therefore, no earlier effective date is warranted.,The Veteran's claim for a compensable rating for his right knee surgical scar was also denied. The VA examiner concluded that there was no evidence of pain or instability in the scar.

The Veteran's initial 10% disability rating for photophobia from July 20, 2014 to September 22, 2021 is granted. The Board also finds that a separate compensable rating for both photophobia and migraine headaches associated with photophobia since September 22, 2021 is not permissible due to pyramiding. The Veteran's facial scarring associated with the service-connected burn injury to the eye area remains unresolved as no VA examiner has adequately documented any relevant facial skin impairment.

The Board has granted the Veteran's claim for service connection for status post belt lipectomy painful scar and status post belt lipectomy scar with an effective date of April 4, 2019. The Veteran continuously pursued his claims since April 4, 2019.

The Veteran's bilateral feet have lost all effective function due to service-connected diabetic peripheral neuropathy, and he requires regular aid and attendance of another due to multiple service-connected disabilities. His claim for SMC is granted.