Scars decisions — 2024

The Veteran withdrew his appeals for increased ratings and earlier effective dates in a May 2024 Board hearing, effectively dismissing all related issues.

The Board has granted service connection for treatment purposes only under Chapter 17 for a psychotic disability, finding new and relevant evidence since the June 2020 rating decision. Service connection was also granted for neck and back scars in January 2021, rendering this appeal moot.

Effective dates of December 23, 2014, for left and right knee osteoarthritis, and November 15, 2017, for a left knee scar are granted. TDIU and DEA benefits prior to December 27, 2019, are remanded.

Your appeals for service connection and disability evaluations have been dismissed due to the failure to file a timely substantive appeal.

The Veteran's claims for service connection for appendectomy scar, urethral stricture, and hypertension were denied. The Board found that the Veteran did not meet the criteria for a compensable evaluation for his urethral stricture or service connection for hypertension.

The Veteran's claim for an effective date of September 13, 2019, for service connection of a painful left knee scar is granted. The Board found that the Veteran continuously pursued his claim since September 13, 2019, and there was evidence supporting finding that his left knee scar has been painful since that date.

The Board has remanded several claims related to the Veteran's left knee disability and postoperative scars, including entitlement to higher ratings and an earlier effective date for TDIU. The appeal is also dismissed due to the grant of CUE in a prior rating decision.

The Board has denied the Veteran's claim for total disability based on individual unemployability (TDIU) as his service-connected disabilities do not meet the criteria for schedular TDIU, and there is no evidence to suggest he is unable to obtain or maintain a substantially gainful occupation.

The Veteran's claims for separate ratings for sciatic and femoral nerve radiculopathy, TDIU benefits, DEA benefits, and service connection for a back scar have been granted effective January 9, 2015.

The Veteran's claims for initial compensable ratings for pseudofolliculitis barbae and facial scars, as well as a rating based on multiple noncompensable service-connected disabilities, are being remanded due to inadequate examination reports. The VA is required to provide an addendum opinion regarding the extent of the Veteran's pseudofolliculitis barbae and take unretouched color photographs for his facial scars.

The Veteran's claim for an effective date prior to October 16, 2019, for a 20% evaluation of service-connected scars on his right lower extremity was denied. The Board found insufficient evidence to establish that the condition worsened within the year preceding the filing of the claim.

The Veteran's claim for a higher evaluation for CAD was denied. A compensable evaluation prior to November 2, 2018 for the CABG scar and a combined 10 percent evaluation from that date for both scars were granted. TDIU and SMC at the housebound rate were also granted.

The Veteran's granuloma of the right lung with scarring due to asbestos exposure has been rated at 30 percent, and the Board found that this rating is not higher based on the evidence provided.

The Veteran's Crohn's ileitis with residual daily pain (also claimed as Crohn's disease) is granted a 30 percent evaluation. The Veteran's scar, mid abdomen disability does not meet the criteria for a compensable rating.

The Veteran withdrew his appeal, citing receipt of a 100% rating and believing he is properly rated.

The Veteran's claim for an increased rating for his right knee scar is being remanded due to a duty-to-assist error in the June 2020 supplemental claim HLR decision. The AOJ will need to obtain an adequate VA medical opinion regarding the current severity of the Veteran's right knee scar.

The Veteran's appeal for an increased disability rating for right thigh burn scars has been dismissed due to the Veteran's death.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded as there was an error in the duty to assist and AOJ errors.

The Veteran withdrew his claims for increased ratings and service connection, resulting in the dismissal of all appeals.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, leading to a grant of SMC based on the need for aid and attendance.