Scars decisions — 2024

The Veteran's appeals for earlier effective dates and increased ratings have been withdrawn. The Board has also determined that the right hip impairment of thigh and limitation of extension disabilities do not warrant an earlier effective date prior to May 16, 2016.,The Veteran's TBI disability remains rated at 40 percent since August 24, 2017. However, due to a duty-to-assist error in obtaining relevant private treatment records and VA examination, the Board has determined that a new VA examination is necessary.

The Veteran's claims for increased ratings for residuals, status-post bone grafting left wrist with residual wrist scar and post-operative right ankle have been denied. The VA has determined that the current ratings adequately reflect the severity of these conditions.

The Veteran's initial noncompensable rating for service-connected scar lumbar s/p surgery and a denial of a higher rating for low back disability were upheld. The scar is not considered compensable due to its small size, while the low back disability was denied as it did not meet the criteria for a rating in excess of 20 percent.

The Veteran's rating for painful abdominal scars (previously evaluated as midline scar, abdominal) is denied. A compensable rating prior to September 30, 2021, for right lower quadrant abdominal scar was also denied. The Veteran's rating for hemorrhoids remains noncompensable.,A 10 percent rating from September 30, 2021, for the right lower quadrant abdominal scar is granted. However, a compensable rating for hemorrhoids is not warranted.

The Veteran's service-connected disabilities in the aggregate render him unable to obtain and retain substantially gainful employment, thus meeting the criteria for a TDIU.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's service-connected scar, status post right leg tibia with fibula fracture, is rated at a 10 percent disability rating throughout the appeal period.

The Board has granted service connection for left upper extremity radiculopathy on a secondary basis. The appeals for service connection for obesity, a neurologic condition affecting the right arm, a left thigh scar, and a torn left quadricep disability have been dismissed due to concurrent elections.

The Board has granted service connection for a right eye scar and remanded the issue of service connection for right eye floaters due to pre-decisional duty to assist errors.

The Board has remanded the claims for higher staged initial ratings for acquired psychiatric disorder, left knee limitation of extension with degenerative joint disease, meniscal tear, anterior cruciate ligament tear, and scar, right knee limitation of extension with degenerative joint disease, meniscal tear, anterior cruciate ligament tear, and scar, and entitlement to a total disability rating for compensation purposes due to individual unemployability (TDIU) due to insufficient evidence in the record.

The Veteran's facial injury scars are related to his active-duty service and service connection is granted. The claims for higher ratings for migraines, service connection for GERD as secondary to another service-connected disability, and service connection for ED as secondary to another service-connected disability are remanded.

The Board denied an evaluation in excess of 0 percent for left knee scars, finding the persuasive weight of the evidence against the Veteran's claim due to lack of painful or unstable scars affecting more than 6 square inches (39 square centimeters).

The Veteran's claims for service connection of diabetes, hypertension, and sleep apnea were remanded. The Board found that the evidence did not meet the criteria for a compensable rating for scars to his anterior trunk prior to January 23, 2020.

The Veteran's TDIU claim is denied because she does not meet the schedular criteria for a TDIU based on a single service-connected disability, as her right hip disability alone does not qualify. The Board found that multiple of her service-connected disabilities contribute to her difficulty in maintaining substantially gainful employment.

The Veteran's claim for a TDIU prior to July 26, 2018 is being remanded due to insufficient evidence meeting the criteria under 38 C.F.R. § 4.16(a) and because there is reasonable possibility that he was unemployable by reason of his service-connected disabilities.

The Veteran withdrew his appeal for a disability rating in excess of 10 percent for residual scarring status post CABG.

The Veteran's claims for service connection for IBS, right ankle disability, right hand scar, left foot plantar fasciitis, bilateral pes planus, and skin disability (xerosis) have all been granted. The issues of service connection for left foot plantar fasciitis, bilateral pes planus, and skin disability are remanded.

The Veteran's pseudofolliculitis barbae with facial scars have not been manifested by any characteristics of disfigurement; characteristic lesions cover less than 5 percent of the entire body and of exposed areas affected. Therefore, the criteria for a compensable rating are not met.

The Board has decided to remand the Veteran's claims for increased ratings for right inguinal hernia and pilonidal cyst due to a failure to reschedule VA examinations. The Veteran must be provided with appropriate VA examinations.

The Veteran's claims for service connection were denied, and the initial rating for left shoulder osteoarthritis was also denied. The Veteran's anxiety condition, sensitivity to bright lights (secondary to migraines), and sinusitis were not granted service connection. Other conditions like hypertension, IBS, and eczema were also denied.