Scars decisions — 2024

The Veteran is seeking an earlier effective date for the grant of service connection for residual scars status/post prostatectomy associated with prostate cancer, but the Board finds that October 18, 2022, is the correct date.,The Veteran also seeks an earlier effective date for the grant of service connection for tinnitus, and the Board finds that August 17, 2020, is the correct date.

The Veteran's appeals for increased disability ratings and new issues have been dismissed due to his withdrawal of all appeals.

The Veteran's claims for cervical spine DDD, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and anterior neck scar service connection were denied. The effective dates for these awards are fixed in accordance with the facts found.

The Board has denied the Veteran's claims for service connection for headaches, neck scar, and radiculopathy of the LUE as there is no current disability established.

The Veteran's facial scars are currently rated at 50 percent, and the claim for an increased rating is denied. The Veteran's painful facial scars are currently rated at 10 percent, and the claim for an initial increase beyond this rating is also denied.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, residuals of hypoalbuminemia, and residuals of persistent recurrent upper respiratory infection (recurrent episodes of shortness of breath). The Veteran's claim for a compensable rating for surgical scars of the left wrist is also denied.

The Board has determined that new and relevant evidence has been presented to warrant readjudication of the previously denied claims for service connection for scarring from multiple mole removal, tinnitus, and a bilateral foot disability.,Service connection is granted for tinnitus.

The Veteran's service connection claim for residuals from a bicycle accident, including scars of the chin, right hand and left knee, is granted as these conditions are found to be related to active duty.

The Veteran's claim for a higher rating for his service-connected residual scarring from acne keloidalis was granted effective May 11, 2017. The appeal is based on the date of receipt of the claim, which is November 24, 2015.

The Veteran's claim for service connection for low back pain was dismissed due to the failure to timely file a VA Form 10182 Decision Review Request.,Service connection for tinnitus was denied as there is no evidence of in-service noise exposure or continuity of symptomatology since separation from active duty.

The Veteran's claims for an increased rating for painful scars and entitlement to a TDIU are dismissed because the appeals were untimely filed.

The Board has granted service connection for infiltrative basal cell carcinoma and scars on the left side of face, finding that these conditions are related to the Veteran's military service.

The Board has remanded the case due to inadequate examination for radiculopathy of the right upper extremity. The Veteran's cervical spine strain and left anterior neck scar are rated as they were before, but a new rating is needed for his right upper extremity condition.

The Veteran's disability rating for his left and right knee scars was reduced from 20 percent to noncompensable effective May 1, 2021. The Board found that the reduction did not comply with applicable law and regulations, and restored the original 20 percent rating.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance is remanded due to a pre-decisional duty to assist error. The Board requires an adequate VA examination to clarify whether the Veteran's service-connected disabilities cause him to require the aid and attendance of another.

The Veteran's erectile dysfunction is being remanded due to a duty to assist error in the prior medical opinions.,The Veteran's eye conditions are being remanded for clarification on whether they pre-existed service and were not aggravated by active service.

The Veteran's right and left lower extremity radiculopathy have been evaluated at a maximum of 20 percent throughout the appeal period.,The Veteran's service-connected painful scars on his bilateral shoulders are rated at the maximum 30 percent.

The appellant has withdrawn all appeals related to various conditions, including scar from fibular fracture repair and right knee strain. The Board dismissed the appeal due to the withdrawal.

The Veteran's claims for service connection for left knee strain and arthralgia status post ACL repair, surgical scars left knee, headache condition (presumed due to TERA), and GERD (presumed due to TERA) have been remanded. The effective dates of service connection are not yet determined.,The Veteran's claims will be reconsidered based on new evidence submitted after the prior final denial.

The Veteran is granted a TDIU and DEA for the period beginning January 30, 2017 due to service-connected disabilities that precluded substantially gainful employment.