Scars decisions — 2024

The Veteran's cervical scar is not manifest by at least one characteristic of disfigurement and is not painful or unstable, thus the claim for an initial compensable rating for service-connected cervical scar is denied.

The Veteran's claim for an earlier effective date for service connection of scars, residuals left lower extremity surgery status post vein stripping is denied. The Board finds that the earliest date on which entitlement to a separate noncompensable rating for scars under DC 7805 arose was July 31, 2018.

The Veteran's cervical scar is not manifest by at least one characteristic of disfigurement and is not painful or unstable, thus the claim for an initial compensable rating for service-connected cervical scar is denied.

The Veteran's right heel disability was previously rated at 20 percent, effective September 23, 2009. The RO reduced this rating to a non-compensable rating on August 15, 2019, but the Board found that the reduction was improper and restored the previous rating.

The Board has granted a 10 percent rating for each of the Veteran's painful scars on her right and left breasts, effective from March 4, 2020.

The Veteran's claim of service connection for right eyebrow scar with hair loss is being remanded due to a pre-decisional duty to assist error. The Board requires an addendum opinion from a VA medical examiner.

The Veteran's appeal for an increased rating of his service-connected left forearm scar was dismissed due to the death of the Veteran during the pendency of the appeal.

The Board denied service connection for an acquired psychiatric disorder, alcohol and stimulant disorder, bilateral hearing loss, hypertension, traumatic brain injury (TBI), and left ear scar as the evidence did not support these claims.

The Veteran's service-connected disabilities prevented him from obtaining or maintaining gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected acne keloidalis and painful scar have been denied as the evidence does not meet the criteria for a higher rating under applicable VA regulations.,Specifically, the Veteran's acne keloidalis has only two characteristics of disfigurement, which do not warrant an increased rating. His painful scar is rated at 10 percent due to having one or two unstable and/or painful scars.

The Board has remanded the claims for a compensable rating for tinea unguium (onychomycosis) of the bilateral big toenails and bilateral fifth toenails, service connection for left ruptured ear drum scar tissue, and service connection for left ear hearing loss due to pre-decisional duty-to-assist errors. The Veteran's claims will be remanded for further development.

The Veteran's tender scar, which is painful and unstable, covering only 1 centimeter square in area, has been granted a 20 percent rating. The nontender scar, not described as painful or unstable, does not meet the criteria for a compensable rating.

The Board has dismissed the claim for a compensable disability rating for post-operative scars of the right ankle as there is no case or controversy regarding this issue.

The Board has determined that the Veteran's claims for earlier effective dates are denied as they lack legal merit due to the finality of his January 1993 denial of service connection. The appeal is remanded for further development, including a VA examination.

The Board has dismissed the appeals as to whether the January 29, 2021 HLR requests for higher ratings were timely filed due to the AOJ's acceptance of these requests as timely and their subsequent review.

The Veteran's service-connected disabilities do not meet the schedular criteria for entitlement to TDIU. The Board has remanded the matter to the VA's Director of Compensation Service for consideration of a TDIU pursuant to 38 C.F.R. § 4.16(b).

The Veteran's cause of death was granted service connection, and the surviving spouse (Appellant) has already been awarded Dependency and Indemnity Compensation (DIC) benefits. The appeal is dismissed as there are no live issues or claims remaining.

The Veteran's dry eye syndrome, fibroid uterus, and laparoscopic scar are all rated at their maximum disability ratings of 20%, 30%, and 0% respectively for the entire review period. The dry eye syndrome is granted a higher rating due to its impact on both eyes, while the fibroid uterus receives a maximum schedular rating based on symptoms not controlled by continuous treatment.

The rating reduction from 20 percent to 10 percent for painful right leg varicosity scarring was not proper, and the 10 percent rating is restored effective February 1, 2021. The compensable ratings for perianal warts, bilateral hearing loss, and separate right leg scars are remanded.

The Veteran's appeal has been withdrawn and is dismissed due to the Veteran's representative indicating they wish to withdraw all issues on appeal.