Scars decisions — 2024

The Board has determined that the Veteran's appeal requires remand due to duty-to-assist errors in previous VA examinations and evaluations. The issues of increased ratings for left knee disability, a compensable rating for left knee scar, service connection for an acquired psychiatric condition, and TDIU are all remanded.

The Board has granted service connection for a right shoulder disability and remanded the issues of upper back problems, lower neck problems, an acquired psychiatric condition, erectile dysfunction, forehead linear scar, and right wrist circular scar.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus DIC under 38 U.S.C. § 1318 is denied. The cause of death claim is remanded for further development.

The Board denied the Veteran's appeal as the withholding of VA compensation benefits to recoup her separation pay was proper, and no hardship waiver could be granted.

The Veteran's facial scar was restored to a 10 percent disability rating effective September 01, 2021. A rating in excess of 10 percent for the facial scar is denied.

The Veteran's appeal for an increased disability evaluation for neck scar is denied as the evidence does not support a rating in excess of 10 percent.,Service connection for insomnia and headaches is denied because there is no current diagnosis of these conditions.

The Veteran's claims for increased PTSD rating, SMC based on housebound status, and TDIU are all denied. The effective date of the 100% disability rating for PTSD is set at November 25, 2019.

The Veteran's claim for special monthly compensation based on housebound status is denied because he does not have a single service-connected disability rated as total (100%) with an additional service-connected disability or disabilities independently ratable at 60%. The Veteran's TDIU was based on multiple service-connected disabilities, not a single disability.

The Board has remanded the Veteran's claims for service connection due to a lack of a VA examination and etiology opinion concerning his lumbar spine disorder. The scar claim is also remanded as inextricably intertwined.

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, which include bilateral knee conditions. The decision is subject to controlling regulations governing the payment of monetary awards.

The Veteran's lumbar spine disability alone rendered him unable to sustain substantially gainful employment from August 10, 2018 and he also had additional service-connected disabilities independently ratable at 60 percent or more. The Board granted special monthly compensation based on aid and attendance/housebound effective August 10, 2018.

The Veteran's claims for increased ratings and TDIU were denied. The hysterectomy, scarring, and mental health disorder conditions are all rated at the maximum allowed under their respective diagnostic codes.

The Veteran's motion to revise the August 2018 rating decision regarding effective dates and disability ratings was dismissed because the decision had not yet become final at the time of the CUE motion.

The Veteran's hypertension has not been found to meet the criteria for a compensable initial evaluation.,The Veteran's scars from coronary artery bypass graft surgery are being remanded for further examination and rating.

The Board has denied service connection for insomnia, migraine headaches, a right eyelid scar, OSA, a right shoulder disability, a left shoulder disability, a low back disability, right lower extremity radiculopathy or neuropathy, and left foot plantar fasciitis as there is no evidence of current disabilities or in-service incurrences or aggravations.

The Veteran's appeal regarding the timeliness of a May 2023 VA Form 10182 is dismissed as his Motion for Extension of Time was granted, making the form timely.

The Veteran's claims for MDD, migraines, residuals of a head injury, and scar were granted with effective dates starting from October 11, 2011. The Board denied earlier effective dates as there was no indication of an intent to file such claims prior to the filing date.,For migraines, residuals of a head injury, and scar, the Veteran's claims were filed on October 11, 2011, which is when service connection was granted. The Board found that earlier effective dates could not be assigned as there was no indication of an intent to file such claims prior to this date.

The Veteran's initial compensable disability ratings for right upper extremity, left upper extremity, posterior trunk, and anterior trunk residual scars have been denied. The reduction of the 10% disability rating assigned to his chloracne with residual scarring to the lower face and neck has been granted.

The Veteran's service-connected scars on both right of midline and left of midline of the right hip were granted a 10 percent disability rating. The issue of increased evaluation for degenerative changes and disc disease of the thoracolumbar spine with left hip pain is remanded.