Scars decisions — 2024

The Board has dismissed the appeal regarding the propriety of reducing the disability rating for scar, status post residual of left-hand surgery.

The Veteran's claim for a rating in excess of 10 percent for his right inguinal hernia was denied. The Board found that the evidence did not show a small, postoperative recurrent inguinal hernia that is not well supported by a truss or is not readily reducible.,New and relevant evidence has been submitted to reopen the claim of service connection for tinnitus. However, the Veteran's tinnitus was not related to his military service.

The Veteran's initial compensable rating for lumbar spine scar is denied. The Veteran's claims for increased ratings and TDIU are all denied.

The Board has granted TDIU prior to October 1, 2023, but the case is remanded for extraschedular consideration of TDIU from October 1, 2023.

The Board has remanded the Veteran's service connection claims for additional development due to receipt of relevant service department records. The Veteran's claims are related to his scar and psychiatric conditions.

The Veteran's claim for service connection for right knee strain status post right knee ACL repair with residual pain and scar is granted due to the submission of new and relevant evidence. The case is remanded for further consideration on its merits.

The Board denied an increased rating for surgical scars, status post circumcision as the evidence did not show deep and nonlinear scars or unstable scars that would warrant a higher rating.

The Veteran's headaches are rated at 50 percent from February 21, 2019 to June 29, 2021.,The Veteran is granted a TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance due to his inability to dress or undress himself, keep himself clean and presentable, require frequent adjustments of prosthetic appliances, feed himself, attend to wants of nature, or protect himself from daily hazards.

The Board has identified pre-decisional duty to assist errors in the claims for scar, left finger; joint problems, low back pain; and onychomycosis left toe. The Veteran's service treatment records show a cut to his left finger in July 1998 which was treated with sutures. The VA examinations related to these issues were not conducted due to the Veteran's no-shows.

The appeal as to the issues of entitlement to compensable ratings for erectile dysfunction, hypertension, pheochromocytoma, laparotomy incision scars, and left adrenalectomy scars; and entitlement to service connection for shortness of breath, 'tired all the time,' and 'can't sleep' is dismissed. The appeal as to the issue of entitlement to service connection for obstructive sleep apnea, secondary to hypertension, is remanded.

The Veteran's service-connected disabilities prior to October 31, 2016, rendered him unable to secure and maintain substantially gainful employment. From October 31, 2016, the Veteran has been awarded a 100 percent schedular evaluation for his psychiatric disability, making TDIU moot. The Veteran is also granted SMC based on housebound status.

The Veteran's disability rating for alopecia scarring from 10 percent to noncompensable (0%) effective January 12, 2022, was improper; restoration of the 10 percent rating is granted.

The Veteran's TDIU claim is remanded for an assessment of his employability in light of service-connected disabilities prior to March 18, 2019.

The Veteran's left ankle scar is painful and meets the criteria for an initial 10 percent rating.

The Veteran's appeal for a higher rating for prostatitis with urethral scarring was denied as the disability is already rated at its maximum. A separate rating for urethral scarring was also denied due to overlapping symptomatology.

The Board has denied the Veteran's claim for service connection for vision loss, including left corneal scar, left eye asteroid hyalosis, and bilateral cataracts. The evidence does not support a finding that these conditions began during active service or are related to an in-service injury.

The Veteran's TDIU and special monthly compensation at the housebound rate are granted effective September 2, 2011. Basic eligibility for Dependents' Educational Assistance is established from September 2, 2011 to March 23, 2015.

The Veteran's right shoulder scars and rotator cuff condition have been restored to their previous ratings, with the scars receiving a 20% rating effective May 1, 2020. The Veteran's claim for an increased rating for his right shoulder rotator cuff has been denied.