Scars decisions — 2024

Your appeal has been dismissed because the Veteran died during the pendency of your appeal. The Board cannot issue a decision on the underlying claim(s) at this time.

The Board denied the Veteran's claims for earlier effective dates for service connection of various breast and axilla scars, painful scarring, and left breast cancer. The effective date was fixed at June 3, 2020.

The Board has determined that the Veteran's claims for compensable ratings for his service-connected scars and sunburn require further development due to inadequate examination findings.

The Veteran is granted SMC at the rate provided under 38 U.S.C. §1114(o) and SMC at the rate provided under 38 U.S.C. §1114(r)(1), based on his need for regular aid and attendance due to service-connected conditions, including PTSD, diabetes mellitus type II, bilateral upper extremity peripheral neuropathy, and scars.

The Veteran's service-connected conditions have led to the need for regular aid and attendance, warranting SMC based on the need for aid and attendance. The issue of SMC at the housebound rate is dismissed as it is a lesser benefit than SMC based on aid and attendance.

The Veteran's service-connected disfiguring laceration scar to chin is rated at 10 percent, the maximum schedular rating.,The Veteran's service-connected painful laceration scar to chin is also rated at 10 percent, the maximum schedular rating.

The Board denied a compensable rating for the Veteran's ovarian cyst condition, finding that symptoms have resolved and do not require continuous treatment.

The Board has determined that the Veteran does not have a current diagnosis of chronic fatigue syndrome or anal leakage with rectal scar, and therefore service connection for these conditions is denied.,The Board has also determined that there is insufficient evidence to establish whether the Veteran's complex obstructive sleep apnea or esophageal sphincter damage are aggravated by his service-connected disabilities. The claims are remanded for further development.

The Veteran's claim for an earlier effective date for TDIU is being remanded due to a pre-decisional duty-to-assist error, and the issue will be referred to the Director of Compensation Services for extraschedular consideration.

The Board has restored the Veteran's disability rating for scar (craniotomy) from 30% to 10%, effective January 28, 2016, as the reduction was not properly executed.

The Board has remanded the claims for cervical spine strain, recurrent skin condition of the scalp, and surgical scar of the scalp due to potential errors in the initial decision-making process. The Veteran's claims will be reviewed with additional medical opinions to determine if service connection can be established.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or special home adaptation due to his inability to use assistive devices and lack of loss of use of any extremities.

The Veteran's claim for an earlier effective date for his non-Hodgkin's lymphoma spleen removal and associated abdominal scar disabilities was denied. The Board found that the April 2019 decision denying service connection is final, and no CUE was raised.,The Veteran's claim for bilateral hearing loss was readjudicated on its merits in February 2023, with a new VA medical opinion needed due to inadequate previous examination.

The Veteran's death was attributed to multiple blunt force injuries sustained in a motorcycle accident, not related to his service-connected conditions. The Board found no evidence linking the cause of death to active duty or service-connected disabilities.

The Veteran withdrew his appeals regarding the August 2015 and October 2016 rating decisions, thus the Board has no jurisdiction to consider these appeals.

The Veteran's claim for an earlier effective date for service connection of painful right ankle scars is denied. The appeal for a rating greater than 30 percent for painful right ankle scars and a compensable rating for nonpainful right ankle scars is also denied. SMC based on the need for aid and attendance of another person prior to January 8, 2019, and after July 1, 2019, is granted.

The Board has remanded four issues related to service connection for various conditions, including breast cancer and its residuals, thyroidectomy, left bicep scar (malignant melanoma), and basal cell carcinoma. The claims are based on the Veteran's alleged exposure to pesticides at Fort McClellan and malathion in the Panama Canal Zone.

The Board has remanded the case due to inadequate medical opinions regarding the nature and etiology of the Veteran's bilateral corneal opacity and vitreous floaters, diagnosed in a November 2019 VA examination. The claim will be reconsidered with new evidence.

The Board granted an earlier effective date of October 23, 2013 for the Veteran's right leg amputation below the knee and related disabilities. The decision also addressed increased ratings and TDIU.

The Veteran's service-connected disabilities, including PTSD with sleep disorder, bilateral glaucoma, tinnitus, and foot disability, render him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU claim.