Scars decisions — 2024

The Board found that the Veteran's left shoulder scars may have increased in severity while in service, and thus the original grant of service connection was not clear and unmistakable error (CUE). The appeal is granted.

The Veteran's appeals for increased disability ratings for irritable bowel syndrome with gastroesophageal reflux disease, right knee instability, acne, and scars have been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's claim for a higher rating for painful scar, anterior neck was denied as the evidence did not show three or four scars that were both unstable and painful.,The Veteran's claim for a higher rating for tinea versicolor (claimed as dermatosis) was denied because his condition does not meet the criteria for a 30 percent or higher rating under the new regulations.

The Veteran has withdrawn his appeals for increased ratings related to service-connected gynecomastia with residual scars. The appeals are dismissed.

The Veteran's TBI, migraines, and head scars were granted increased ratings in the February 2023 rating decision. The case also resulted in service connection for GERD at a 10% evaluation.

The Veteran's TDIU and DEA benefits are granted from August 25, 2008. The effective date for TDIU is established based on the earliest claim of service connection for a lumbar spine disability, while the effective date for DEA benefits is set to match the TDIU grant.

The Veteran's claims for increased ratings for lumbar spine disability and lumbar scar were denied. The Board found no evidence of unfavorable ankylosis in the lumbar spine, and there was no neurological abnormalities warranting separate ratings other than bilateral lower extremity radiculopathy. For the lumbar scar, a compensable rating prior to December 23, 2020, and in excess of 10% thereafter, was denied.

The Veteran's appeal is remanded due to the need for a new VA examination to assess his residual of a keloid scar associated with PCT (resolved) of the neck and chest, including whether he experiences flare-ups and their frequency, severity, and duration.

The Veteran is granted effective dates of January 11, 2001 for the initial separate evaluations of his right lower extremity scars and posterior trunk scar under Diagnostic Codes 7801 and 7802 respectively. The left lower extremity scar's evaluation remains denied as earlier effective date is precluded by VA's rule against pyramiding.

The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left and right lower extremities, diabetic nephropathy with hypertension, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, diabetic nephropathy with hypertension, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, diabetic nephropathy with hypertension, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) effective February 26, 2019, due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment.

The Veteran's acquired psychiatric disorder, including depression and anxiety, is found to be at least as likely as not related to his service-connected tinnitus and left knee disabilities.,The Veteran's low back disability is found to be at least as likely as not related to his service-connected left knee disability.

The Veteran's service-connected PTSD and painful scar of the left posterior scalp render him unable to obtain or maintain substantially gainful employment, qualifying for a total disability rating based on individual unemployability (TDIU) from June 18, 2020 through October 16, 2022.

The Veteran's service-connected disabilities, specifically her right knee conditions, rendered her unable to secure or follow a substantially gainful occupation since July 2015. The Board granted the TDIU on a schedular basis.

The Veteran withdrew his appeals for increased ratings and compensation for various conditions, including painful scars from a lobectomy and prostate cancer.,The VA restored the original 100% rating for lung cancer following an improper reduction.

The Veteran's claims for compensable ratings for his service-connected left hand ring finger extensor tendon injury and surgical scar are remanded due to inadequate examinations.

The Veteran's appeal for TDIU and DEA prior to July 29, 2020 was denied as the evidence did not show he was unable to secure or maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's TDIU was granted effective May 15, 2020 due to his service-connected disabilities. The effective date is tied to the date of his claim for service connection for hypothyroidism.

The Veteran is seeking an effective date earlier than May 15, 2014 for her service-connected low back disability.,The Board finds that the presumption of regularity has been rebutted and grants an effective date of May 15, 2014.

The Veteran's service-connected conditions, including generalized anxiety disorder and GERD, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the Veteran's claim for total disability rating based on individual unemployability due to service-connected disabilities.