Scars decisions — 2024

The Board has decided to remand the case due to a duty to assist error, specifically regarding the number and severity of surgical scars on the Veteran's left knee. The AOJ needs to provide another examination to determine these details.

The Veteran's claims for an initial rating in excess of 50 percent for depressive disorder with anxious distress and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities are being remanded due to pre-decisional duty to assist errors. The AOJ is instructed to obtain the Veteran's vocational rehabilitation folder, as well as a VA retrospective medical opinion addressing his ability to secure and follow substantially gainful employment during the appeal period.

The Veteran withdrew his appeal for all pending claims and appeals before the Board, including an initial compensable rating for left thigh scars.

The Veteran's appeal for a higher evaluation of eczema was dismissed. The Board granted service connection for a left knee scar secondary to his right knee patellar tendinitis.

The Board has remanded the issues of increased initial ratings for the Veteran's right and left knee disabilities since January 14, 2019. The AOJ is instructed to correct an error in assigning a 30 percent rating after termination of the temporary total rating without medical evidence, and to schedule a VA examination for the left knee.

The Board denied earlier effective dates for service connection due to lack of CUE, as the April 2007 rating decision considered all relevant evidence at that time.

The Veteran's scar of the neck has been granted a disability rating of 10 percent, but no higher.

The Veteran's appeals for increased ratings and effective dates have been dismissed due to his request to withdraw the appeal.

The Veteran's bilateral hearing loss is currently rated at 10 percent, and a higher rating is denied.,The Veteran's scar(s) of the left foot and lower leg are not compensable under current criteria.,Service connection for degenerative arthritis of the spine and spinal stenosis remains remanded as new evidence may be needed to establish this condition.,A disability rating in excess of 20 percent for residual(s) of left foot fracture; arthritis of the left midfoot and first metatarsophalangeal joint, status post ORIF-screw placement with bone graft is also remanded.

The Board denied the Veteran's claim for service connection for a left ankle scar, finding no current diagnosis of such and noting that the in-service injury did not result in a residual scar.

The Veteran's appeal has been withdrawn, and the Board is dismissing his claims for service connection for PFB, as well as compensable ratings for scars on his upper forearms.

The Board has determined that the Veteran's tinnitus, hepatitis C, and respiratory conditions (including sinusitis) are related to service. However, his bilateral hearing loss and flash burn with chronic watery and corneal scarring (eye condition) require further examination and medical opinion.

The Board denied the Veteran's claims for service connection for left breast cancer and residual scars, status post breast mastectomy. The Board found that there was no evidence to support a relationship between the Veteran's current conditions and her active duty service.

The Board denied the Veteran's requests for an increased rating for his painful medial right ankle scar and restoration of a previous 10% rating. The reduction from 10% to noncompensable was found proper, while the request for an increased rating prior to February 1, 2020 and thereafter was denied due to lack of evidence supporting worsening or additional symptoms.

The Veteran's hypertension is granted a 10% rating effective May 4, 2020. The Veteran's disfiguring scars of ears due to residuals of keloid removal and painful scars of ears due to residuals of keloid removal are both granted a 10% rating effective May 4, 2020. The Veteran's PTSD with major depressive disorder is granted a TDIU from June 1, 2020.

The Veteran's claims for increased ratings have been remanded due to the need for further evaluation of his lumbar spine condition.,His current ratings for scars, hypertension, and lower extremity radiculopathy are all within their respective limits.

The Board denied the Veteran's claim for VR&E services due to his meeting the threshold requirements for entitlement but not having an employment handicap, as determined by a VA counseling psychologist (CP) or VRC.

The Board has denied the Veteran's claims for service connection for coronary artery disease, scars, and headaches. The case is being remanded to provide a VA examination to determine if the Veteran's reported headaches are secondary to his service-connected tinnitus.

The Veteran's claims for higher ratings and TDIU have been remanded due to insufficient medical evidence. A new VA examination is required to determine the correct measurements of scars, their impact on function, and any other pertinent physical findings.

The Board denied the Veteran's claims for increased ratings for his appendectomy scar and skin disorder, finding that the evidence did not support a higher rating under the applicable VA rating criteria.