Scars decisions — 2024

The Veteran's appeal for TDIU was dismissed because the August 17, 2020 letter informing her of the appropriate forms to use as a Decision Review Request: Supplemental Claim was not considered a decision affecting benefits. The Veteran did not properly appeal this issue.

The Board denied the Veteran's claim for an earlier effective date for SMC based on aid and attendance, finding that he did not require regular aid and attendance due to his service-connected disabilities prior to March 12, 2014.

The Board denied an earlier effective date for the award of a total disability rating based on individual unemployability (TDIU) because the Veteran did not meet the schedular criteria for TDIU until April 17, 2009. The effective date is set at this date as it is the earliest possible effective date given that the Veteran met the schedular criteria and there was no formal claim prior to this date.

The Board granted service connection for obstructive sleep apnea, heart valve replacement with resulting scar, skin melanoma, and IBS (with GERD) effective from June 22, 2022.,An earlier effective date of June 22, 2022, was granted for the grants of service connection for obstructive sleep apnea, heart valve replacement with resulting scar, skin melanoma, and IBS (with GERD).

The Board has remanded the Veteran's claim for service connection for headaches due to potential errors in satisfying a regulatory or statutory duty. The issues include increased disability rating for post-operative gynecomastia scars, initial compensable rating for left wrist skin cancer and residuals, earlier effective date for service connection of left wrist squamous cell carcinoma and residuals, and earlier effective date for increased disability rating for post-operative gynecomastia scars.

The Veteran's lip scars are not rated as they do not meet the criteria for a compensable evaluation under Diagnostic Code 7800 due to lack of characteristics of disfigurement.

The Veteran's ratings for chronic lumbosacral strain and painful scar were restored to their previous levels from November 4, 2019, to December 31, 2020.

The Veteran's PTSD and associated mental health disabilities have been manifested by impairment with deficiencies in most areas including work, family life, judgment, thinking, and mood. The Board denied the claim for a disability rating greater than 70 percent for PTSD but granted entitlement to total disability based on individual unemployability (TDIU).

The Board has granted effective dates of February 21, 2020 for the service connection of various conditions including left quad tendon tear, major depressive disorder, intervertebral disc syndrome with spinal stenosis, thoracolumbar spine, radiculopathy of the right lower extremity, tinnitus, surgical scar, degenerative arthritis of the cervical spine status post C5-C7 ACDF with residual IVDS, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity, and residual neck scar. The effective dates are based on the Veteran's timely filed claims within one year of his intent to file.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities, including a total right shoulder replacement and bilateral inguinal hernias with associated scarring, have rendered him unemployable from September 18, 2009 to February 28, 2013. The Board has remanded the case for referral to the Director of Compensation Services for consideration of an extraschedular TDIU.

The Board has granted service connection for breast carcinoma and its residuals, bilateral mastectomy scars, and lymphedema of the left upper extremity as related to in-service toxic exposure. The Veteran's current conditions are deemed related to her military duties that exposed her to volatile chemicals.

The Veteran's hypertension was not found to meet the criteria for a compensable rating.,Bilateral hearing loss and psychiatric disorders were not diagnosed or service-connected.

The Veteran's hypertension, abdominal scar, left side of face scar, back scar, right leg cramps, and left leg cramps were not incurred or aggravated during active duty service.,Service connection for these conditions is denied.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, as his conditions allow for some mobility and he is able to perform many daily activities with assistance.

The Veteran's initial rating for a left big toe scar is granted at 10 percent. The initial rating for PTSD remains at 70 percent, and the initial rating for a left knee disorder is denied.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Board has granted a 10% evaluation for the Veteran's right knee scar and a 20% evaluation for his left knee scars, finding that both conditions are painful.

The Board has granted an increased rating of 10 percent for the Veteran's lower pelvic scar, effective from the date of the decision.

The Board has remanded the claims for service connection for right eye cataract and entitlement to special monthly compensation based on loss of use due to incomplete opinions regarding causation and aggravation.