Scars decisions — 2024

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is being remanded due to a duty to assist error. The AOJ needs to obtain the Veteran's Social Security Administration records, including all disability determinations and associated medical records.

The Veteran's appeal was dismissed due to the death of the Veteran and because there is no final agency action on appeal.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claims for service connection for various disabilities, including right knee, left knee, pelvic bone, head injury, left breast, costochondritis, jawbone, low back, neck, right ankle, right thumb, acne, scarring on the head, and tinnitus.

The Veteran's rating for post-surgical squamous cell carcinoma scars was reduced from 50% to 30%, effective July 30, 2019. The reduction is denied as the evidence showed improvement in the condition.

The Veteran's claim for an increased rating for his left ankle surgery scar was granted, with a 10 percent rating effective from January 26, 2021.,An earlier effective date of July 24, 2017, for the 10 percent rating for the left ankle surgery scar was also granted.

The Board has granted the application of the bilateral factor to the Veteran's service-connected scars of his upper extremities, as the historical rating criteria in effect on November 19, 1982, allowed for separate evaluations for multiple extremity involvement.

The Board has decided to remand the case due to inadequate VA examinations and a duty to assist error. The Veteran's claim for service connection for scar(s) is being remanded for further development, including obtaining medical records from the Dermatology Center and providing an adequate VA examination.

The Veteran's left eye disability, including corneal scarring and a previous corneal abrasion with lensectomy, is being remanded for further evaluation due to a duty to assist error.

The Veteran's claim for an earlier effective date for a scalp scar associated with the removal of his service-connected squamous cell carcinoma is denied. The effective date is set at December 18, 2023.

The Board has denied an initial compensable disability rating for the Veteran's service-connected right knee scar, finding that the evidence does not support a finding of instability or pain.

The Veteran's PTSD is rated at 70% from October 10, 2014. The Board also granted a TDIU based on the combined rating of his service-connected conditions.

The Veteran has withdrawn his appeals regarding several issues related to his knee conditions, including painful scars and subluxation/instability. The Board has dismissed these claims.

The Board has granted service connection for the Veteran's claimed conditions, including scarring (itchy) of the right shoulder, right buttocks, and knee; right shoulder injury; left shoulder injury; left knee condition; left ankle condition; TBI; and vision impairment. These conditions are related to his in-service motorcycle accident in April 2007.

The Veteran's initial rating for mitral valve repair and associated chest scar was denied. The effective date of service connection for the chest scar was not granted prior to August 11, 2017.

The Veteran has withdrawn her appeals regarding the ratings for surgical scars of the right knee and effusion of the right knee. The Board dismissed these appeals.

The Board has dismissed all service connection claims due to the appellant's death.

The Veteran's appeal is remanded for further development, including obtaining medical records and providing a retrospective opinion on the severity of his lumbar and cervical spine disabilities.

The Veteran's claims for service connection and increased rating have been denied.,An effective date of February 14, 2020 is granted for the awards of service connection and increased rating.

The Board denied service connection for a back scar, left lower extremity radiculopathy, and bilateral hip disability as secondary to osteomyelitis of the spine due to lack of service connection for osteomyelitis of the spine.

The Veteran's claim for an increased rating for his eye disability, specifically chorioretinal scars with diplopia, is being remanded due to the inadequacy of a previous VA examination. The Veteran was not provided with an adequate examination that addressed all relevant aspects of his condition, including his diagnosis of diplopia.