Scars decisions — 2024

The Board has remanded the case due to missing VA treatment records stored in VistA Imaging, and no effective date is assigned as the claim is for an increased evaluation.

The Board has granted an effective date of May 21, 2013 for the award of a TDIU on an extraschedular basis and for basic eligibility to Dependents' Educational Assistance (DEA) benefits. The Veteran's service-connected disabilities have prevented him from obtaining and maintaining substantially gainful employment since at least May 21, 2013.

The Veteran's claims for service connection have been denied. The Board has found that there is insufficient evidence to support the Veteran's claims for dental disability, HPV infection residuals, left foot/heel condition, left shoulder condition, and scarring (claimed as scar of the upper left chest). These issues are being remanded for further development.

The Veteran's claims for service connection and increased ratings were denied. The effective dates for the grants of service connection are not earlier than November 1, 2008.

The Veteran's appeals for earlier effective dates and increased ratings were dismissed as the issues did not involve service connection.,The Veteran's cervical spine disability was denied an increased rating, with a 30 percent rating being the highest possible under the applicable criteria.

The Veteran's facial scar (disfigurement) and its residuals are being remanded for additional development, including obtaining an adequate VA examination to assess the severity of the condition.

The Veteran's appeal to reduce his service-connected surgical scars, status post right nephroureterectomy from 20 percent disabling to 10 percent was dismissed as the Veteran's authorized representative withdrew the appeal.

The Veteran's lower-mid back scar is not rated compensably, as the area does not meet the criteria for a 10% rating under Diagnostic Code 7802.,The Veteran's bilateral lower extremity radiculopathy of both the sciatic and anterior crural nerves are each denied ratings in excess of 20 percent.,The Veteran's status post L4-L5 discectomy is denied a rating in excess of 10 percent.

The Board has remanded the claims for right shoulder disorder, TMJ disorder, and residuals scar from basal cell carcinoma removal due to duty-to-assist errors.

The Veteran's appeals for service connection for irritable bowel syndrome and chronic fatigue syndrome were dismissed as the benefits sought have been granted.,The Veteran's appeals for service connection for a respiratory condition, peripheral arterial disease, stable angina, fevers (also claimed as Meningeal disease), and bilateral hearing loss were dismissed as the benefits sought have been granted.

An effective date of January 30, 2020, is granted for the award of service connection for left knee scar from partial replacement. The Veteran's claim for an increased rating for his left knee patellofemoral arthritis status post unicondylar (partial) knee replacement remains denied.

The Veteran's bilateral foot scars and hallux valgus post-surgical conditions are not rated as compensable.,Service connection for left and right knee disorders is remanded.

The Veteran's service-connected disabilities cause him to require regular aid and attendance to keep him ordinarily clean and presentable, attend to the wants of nature, and protect him from the hazards or dangers incident to his daily environment. The Board finds that the Veteran meets the criteria for SMC A&A.

The Veteran's service-connected left varicocele has not manifested atrophy of either testis, and he does not have a compensable rating for this condition.,The Veteran's lip scar is rated as noncompensable. The Board finds that the evidence does not support a compensable evaluation under any applicable diagnostic code.,The Veteran has been in receipt of a 10 percent disability rating for tinnitus and a 10 percent disability rating for deviated septum, which means he cannot be granted a separate 10 percent rating based on multiple noncompensable service-connected disabilities.

The Veteran withdrew his appeals for increased ratings on four conditions: right and left lower extremity femoral nerve radiculopathy, intercostal superficial cutaneous neuropathy, and two surgical scars. The Board dismissed the appeal as a result.

The Veteran's claims for service connection and increased ratings were denied as the effective dates sought are not earlier than October 5, 2021.,For issues related to service connection, the earliest date of entitlement is considered to be October 5, 2021.

The Veteran's bladder leakage and scar from her hysterectomy are granted effective September 17, 2018. The Veteran is assigned a 10 percent disability rating for the scar.

The Veteran's appeals for ratings related to prostate cancer residuals and a front torso scar have been dismissed due to his death.

The Veteran's facial scarring is granted a rating of 30 percent, effective May 7, 2024. The kidney disability claim remains remanded.

The Board has decided to remand the case due to a duty-to-assist error and needs additional medical opinions regarding the etiology of the Veteran's bilateral nuclear cataracts and chorioretinal scars.