Scars decisions — 2024

The Board has remanded the claims of service connection for obstructive sleep apnea and erectile dysfunction, as well as the claim for special monthly compensation based on loss of use of a creative organ due to new evidence received.

The Veteran's claim for an initial compensable disability rating for a residual scar on the lower back was denied as his scar does not meet the criteria for a compensable rating under any applicable diagnostic code.

The Veteran's bilateral hearing loss disability has not been rated higher than noncompensable.,The Veteran's right knee joint osteoarthritis with limited flexion does not meet the criteria for a compensable rating.

The Veteran's appeals for a compensable rating for pilonidal cyst scar residuals (operated) and a rating in excess of 20 percent for painful scar pilonidal cyst residuals have been dismissed due to the Veteran's death.

The Board has granted an earlier effective date of September 14, 2012 for the grant of a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's appeal for increased ratings for bilateral axilla scars and left thigh scars has been dismissed due to the death of the Veteran during the appeal process.

The Board has granted an effective date of July 1, 2012 for the Veteran's TDIU and DEA eligibility. The decision is based on the fact that the Veteran became unable to secure or follow a substantially gainful occupation due to his service-connected disabilities starting from January 26, 2009.

Your appeals for increased ratings on several conditions have been dismissed due to the Veteran's death. The claims will be held in abeyance until a request for substitution is processed.

The Board has denied an increased rating for right knee instability and a compensable rating for the Veteran's right knee scar, finding that the evidence does not support ratings higher than 20 percent for these conditions.

The Board has determined that the Veteran's left knee laceration scar is service-connected and warrants a rating of 10 percent. However, there is insufficient evidence to determine if his patella fracture and misalignment are related to service. The claim for this condition is being remanded for further development.

The Board has denied DIC benefits under 38 U.S.C. § 1318 due to the Veteran not meeting the criteria for total disability rating based on unemployability, and service connection for cause of death is remanded.

The Veteran's lumbar spine disability is granted a rating of 40 percent, and her bilateral pes planus and right foot conditions are also granted service connection. The Veteran's radiculopathy and bunionectomy with osteotomy, left foot disabilities have been denied initial increased ratings.

The Veteran's right leg scars are associated with his service-connected right lower extremity shin splints. The Board has ordered a remand for further development and evaluation of the Veteran's right lower extremity disability, including shin splints.

The Board has granted the reinstatement of the initial 20% disability rating for left knee scars prior to May 2, 2019 and the reinstatement of the 20% disability rating from May 2, 2019. The reduction in ratings was found to be improper.

The Board dismissed the appeals for reductions and increased ratings of various conditions due to the appellant's withdrawal before a decision was made.

The Veteran's lumbar spine disability is rated at 40 percent effective August 11, 2020. The rating for LLE radiculopathy remains at 20 percent. Ratings of 20 percent and 10 percent are granted for right knee degenerative arthritis and lateral instability, respectively, both effective August 11, 2020. No ratings in excess of the current ones are granted for left distal fibula fracture and residuals of stress fracture, right distal radius fracture residuals, or left foot painful scar and scar.

The Board has determined that the Veteran's claims for service connection for bilateral knee disability, residuals of brain aneurysm, seizure disorder, migraine headaches, scar over left eye, and surgical scar on top of head are not supported by evidence. The Board finds that there is no current medical opinion linking these conditions to service or a service-connected condition.

An effective date earlier than August 22, 2015, for the award of service connection for RLE radiculopathy is denied.,An effective date earlier than August 29, 2018, for the award of service connection for LLE radiculopathy is denied.,A grant of service connection for surgical scars, status post right knee meniscectomy with an effective date of February 23, 2013, but no earlier, was granted.

The Board denied the Veteran's requests for earlier effective dates for compensation under 38 U.S.C. § 1151 for a ventral hernia and residual painful surgical scar, as well as Dependents' Educational Assistance (DEA) benefits. The effective date for all these awards was set at August 30, 2018.

The Veteran's appeals for a compensable rating for non-tender scar as secondary to heel callus with fissures, left foot and a disability rating in excess of 10 percent for heel callus with fissures, right foot have been dismissed due to the Veteran's withdrawal of his appeal.