Scars decisions — 2024

The Board denied the Veteran's claim for an effective date earlier than October 25, 2020, for the grant of service connection for a scar left chest status post chest tube (painful and non-painful), finding no clear and unmistakable error in the March 1997 rating decision.

The Board has granted an initial rating of 90 percent for the Veteran's service-connected post left total hip joint replacement with residuals and denied a compensable rating for his lateral left hip scars.

The Board has granted service connection for left knee osteoarthritis, instability, and total knee replacement, left knee scar, right-hand degenerative arthritis disability, left-hand osteoarthritis disability, and lumbosacral strain with osteoarthritis of the lumbar spine. The claims for left shoulder disability, higher evaluations for hip disabilities, and TDIU are remanded.

The Veteran's claim for an initial rating greater than 50 percent for bilateral plantar fasciitis is denied. The Board found that the disability has been rated at its maximum and no higher ratings are warranted. For his TDIU claim, the Veteran was granted a total rating based on individual unemployability due to service-connected disabilities.

The Board has granted service connection for scars on the back of the neck, finding that they are related to cysts incurred during active service. The other claims for service connection were denied due to lack of evidence linking the conditions to service.

The Veteran is seeking an earlier effective date for the grant of individual unemployability prior to January 29, 2018. The Board has determined that he meets the criteria for a TDIU based on his service-connected disabilities but needs further review by the Director, Compensation Service due to the need for an extraschedular evaluation.

The Veteran's athlete's foot and pityriasis versicolor were granted service connection. Service connection for chloracne, bilateral hearing loss, right hip arthritis, left hip arthritis, right shoulder disability, heart disability, mycosis fungoides, and scars are denied.

The Board has remanded the Veteran's claims for a scar and obstructive sleep apnea due to insufficient medical evidence in the file, requiring further examination and opinion.

The Veteran is seeking service connection for a left shoulder disability and surgical scar, as well as temporary total evaluations related to his shoulder surgeries. The Board has remanded the case due to errors in duty-to-assist obligations.

The Board has granted earlier effective dates for service connection of scarring, status post UPPP and palate operation, and right shoulder impingement syndrome. The Veteran's PTSD claim is denied as there was no prior formal or informal claim before August 6, 2018.

The Veteran's increased rating claims for her service-connected left foot disability and left foot scar are being remanded due to a pre-decisional duty to assist error.

The Veteran's claims for effective dates earlier than August 25, 2014 for compensation under 38 U.S.C. § 1151 for left vocal cord paralysis and related conditions were denied as the earliest possible effective date is August 25, 2014.

The Board has decided to remand the case due to errors in VA's duty to assist and a need for additional medical opinions regarding the cause of death.

The Veteran's claim for an increased rating for diabetes mellitus type II was denied as the evidence did not show that his diabetes required more than one daily insulin injection and a restricted diet. The Veteran also received a TDIU due to multiple service-connected disabilities.

The Board has determined that the Veteran's claim for service connection for residuals from dental trauma is remanded due to the submission of new and relevant evidence. The rating for a scar on the right great toe remains denied, as does the claims for a bruise, joint pains, and nerve damage disability all secondary to right foot hallux valgus.

The Veteran's claim for a higher rating and an earlier effective date for his service-connected right ankle disability was granted. He is now rated at 30 percent, but no higher, with an effective date of December 1, 2020.

The Board has remanded the Veteran's claims for right ventral wrist scar and PTSD due to a lack of service treatment records and conflicting medical opinions.

The Board has remanded several service connection claims due to inadequate TERA opinions and the need for additional clarification. The claims include chronic myelogenous leukemia (CML), kidney cancer, colon cancer, hypertension, fistulas of the left arm with scar, fistula of the right arm with scar, and diabetes mellitus.

The Veteran's service-connected disabilities meet the schedular rating requirements for TDIU since November 14, 2022. The evidence is at least in equipoise as to whether he was unable to secure and maintain substantially gainful employment due to his service-connected conditions.

The Veteran's claim for an initial compensable rating for residual scars from skin cancer is being remanded due to a failure to obtain private treatment records.