Scars decisions — 2024

The Board has determined that the January 2020 VA examination and opinion are inadequate, as they did not address whether the Veteran's current eye conditions are related to his in-service surgery. The claim is being remanded for further evaluation.

The Board has denied the Veteran's claims for higher ratings for her residual scar and left knee disability. The case is being remanded to evaluate the severity of her left knee disability, including any residuals from total knee replacement.

The Veteran's painful scars of the feet, which were assigned a 30 percent rating for more than five years, could be subject to temporary or episodic improvement. The rating reduction was based on one examination without evidence clearly demonstrating sustained improvement in the Veteran's condition or ability to function under ordinary conditions.

The Veteran's claims for service connection for various conditions were denied, and the Board found that no earlier effective dates could be granted due to continuous pursuit of the claims.

The Veteran's appeal for a compensable evaluation for his left knee scar has been denied. The Board found that the evidence did not support a finding of unstable or painful scars, and therefore, no compensable rating could be assigned under any applicable diagnostic codes.

The Board has determined that the Veteran's claim for service connection for macular atrophy bilateral and macular scar should be remanded to obtain clarification on whether these conditions are congenital or developmental defects, and if so, whether they were aggravated by service.

The Board has granted the Veteran's claims for service connection of right knee arthroscopic surgery for meniscal tear, painful scars, and surgical scars with effective dates starting from February 5, 2020.

The Veteran's right leg scar is rated at 0 percent, as it does not meet the criteria for a compensable rating under Diagnostic Code 7802.,The Veteran's tonsillectomy residuals are currently rated at 0 percent. The evidence does not demonstrate hoarseness or inflammation of cords or mucous membrane.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities prior to June 3, 2021. After that date, his combined permanent and total schedular rating does not allow for additional TDIU benefits.

The Board has remanded the Veteran's claims for bilateral ankle peripheral edema and bilateral knee scars due to a lack of a VA examination, which is necessary to determine the etiology of these conditions.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected right and left knee disabilities and major depressive disorder.

The Veteran's service-connected throat cancer and its residuals have been granted effective from March 12, 2010. The Board has also granted earlier effective dates for several other disabilities including obstructive sleep apnea, urinary frequency, peripheral neuropathy of the bilateral upper and lower extremities, facial numbness and nerve impingement, and surgical scars.

The Board has decided to remand the case due to errors in obtaining all available VA treatment records and seeking medical opinions regarding whether service-connected disabilities contributed to the Veteran's death.

The Veteran's scars on the head due to pseudofolliculitis barbae are rated at 50 percent, which is more than the initially assigned 30 percent rating. The Board found that the evidence of record supports this increased evaluation based on the presence of five characteristics of disfigurement.

The Board has denied the Veteran's claims for service connection for sleep apnea, migraine headaches, and right ear hearing loss. The Board has also remanded the Veteran's claims for a compensable rating for his head scar and for service connection for his lower back disability.

The Veteran's claim for an increased disability rating for basal cell carcinoma with scars is being remanded due to a duty to assist error in the prior decision.

The Board has determined that the Veteran's service-connected disabilities render him in need of aid and attendance, warranting special monthly compensation based on this need.

The Veteran's claims for tinnitus, hypertension associated with herbicide agent exposure, bilateral pes planus with bilateral plantar fasciitis, and vasectomy scar residuals have been granted. The remaining issues of service connection for hearing loss, lumbar spine disability, right knee disability, prostate disability, skin disabilities, right ankle disability, esophageal disability, hemorrhoids, and left eye disability are being remanded.,The Veteran's claims for recurrent lumbar spine disability (including degenerative disc disease and degenerative arthritis), recurrent right knee disability (including osteoarthritis), recurrent prostate disability (including benign prostate hyperplasia), recurrent skin disability (including tinea versicolor, tinea corporis, tinea cruris, and eczema), recurrent right ankle disability (including cellulitis), recurrent esophageal disability (GERD), hemorrhoids, and acquired left eye disability (including corneal abrasion and cataract) are being remanded.

The Board has determined that the AOJ's decision is not binding and remands the case for further development, including scheduling an examination to assess the severity of the Veteran's left eye corneal scar status post removal of metallic foreign body.

The Veteran withdrew her appeal for an initial compensable rating for her right ear scar during the July 2024 Board hearing.