Scars decisions — 2024

The Veteran's service connection for PTSD is restored, and the initial compensable evaluation for lip laceration scar as well as a separate rating for painful lip laceration scar are granted.

The Board has remanded the cases for additional development due to deficiencies in the medical opinions provided by VA examiners.

The Veteran's right ear and right head scars, residuals of skin cancer are not rated higher than 10 percent due to lack of visible or palpable tissue loss and characteristics of disfigurement.,The Veteran's right shoulder scar, residuals of skin cancer is not rated more than 0 percent as it does not meet the criteria for a compensable rating under Diagnostic Code 7802.,The Veteran's left shoulder scar, residuals of skin cancer is also not rated more than 0 percent as it does not meet the criteria for a compensable rating under Diagnostic Code 7802.

The Veteran's esophageal adenocarcinoma with Barret's esophagus and GERD, a painful scar on the posterior right upper back, a scar with soft tissue damage on the posterior right upper back, and a scar on the midline abdomen are all granted effective from April 12, 2017. A 60 percent rating is assigned for the period of appeal.

The Veteran's left ankle sprain with degenerative changes is rated at 20 percent, but no higher. The right ankle scars status post lateral stabilization exostectomy are not compensably rated.

The Veteran's service-connected disabilities, including lumbar degenerative disc disease and bilateral pes planus, have not rendered him unable to obtain and maintain substantially gainful employment consistent with his education, training, and experience.

The Board has restored the Veteran's 10 percent rating for his painful scar, left knee from February 10, 2020. The reduction in rating was found to be void ab initio due to lack of proper findings and a higher rating is not warranted.

The Veteran's claim for service connection for bilateral tinnitus was granted, as new and relevant evidence supports the assertion that her tinnitus began during service due to noise exposure. The Board found in favor of presumptive service connection based on chronicity.,Service connection for vaginal pain with intercourse, secondary to a service-connected transverse lower abdominal scar (residual of cesarean section), was granted as well. The Veteran's condition is considered a residual from her c-section and the associated physical damage.

The appeal challenging the timeliness of the January 10, 2020 HLR request is dismissed as moot. The earlier effective date claims for left knee instability and left knee scar are not before the Board.

The Veteran's neck disability is currently rated at 30 percent, but the Board has determined that a higher rating is not warranted due to lack of ankylosis. The Veteran's scar condition is also currently rated as 10 percent.,Both secondary service connection claims for degenerative arthritis and diabetes are being remanded.

The Veteran's TDIU claim is being remanded due to the need for further consideration, including a potential extraschedular evaluation.

The appeal for an earlier effective date for the award of service connection for left knee scar, left knee gonoarthritis, and right knee osteoarthritis is dismissed due to the Veteran's death.

The Board has remanded the cases for further development due to outstanding SSA records and a pre-decisional duty to assist error.

The Veteran's PTSD symptoms have most nearly approximated occupational and social impairment with deficiencies in most areas, warranting a 70% rating for the entire period on appeal. The Veteran is also granted TDIU prior to June 6, 2022.

The Veteran's service-connected disabilities, including aphonia with vocal cord damage and left lung status post resection with a residual scar, precluded him from securing or following substantially gainful employment from March 1, 2013 to October 29, 2014.

The Veteran's scar on the upper right back was granted service connection, while his claims for tinnitus, periodontal disease, tuberculosis, common variable immunodeficiency (CVID), chronic obstructive pulmonary disease (COPD), sarcoidosis, headaches, dementia, and chronic diarrhea were denied. The claim for service connection of bronchiectasis is remanded.

Service connection for left shoulder calcific tendonitis is granted. Effective November 21, 2017, the Veteran receives a 100 percent disability rating for PTSD and service connection for lumbosacral strain, left hip impairment (status post arthroscopic surgery), left hip limitation of flexion, and scars of the right hip are also granted.

The Board has granted service connection for right finger amputation, a right-hand disability (also claimed as joint pains), right ulnar peripheral neuropathy, and right-hand scars. The claim for depression is remanded.

The Veteran's claims for increased ratings were denied as his postoperative residuals of herniated nucleus pulpous lumbosacral spine, residual scars to the lumbar region, and residual scars with some sensory changes, from the posterior right sacroiliac, bone graft site do not meet the criteria for a higher rating.,The Veteran's claim for entitlement to TDIU was remanded as it is related to his increased ratings claims.

The Veteran's service-connected disabilities cause him to require regular aid and attendance of another person, warranting SMC based on the need for regular aid and attendance.