Scars decisions — 2024

The appeal for service connection of a sleep disability is dismissed. The Board has remanded several other claims, including those for psychiatric disabilities, thyroid conditions, hair loss, and nerve disabilities.

The Veteran's service-connected disabilities, including traumatic brain injury (TBI), have rendered him unable to secure and follow a substantially gainful occupation as of October 26, 2012. The Board has granted TDIU for the period prior to June 22, 2021.

The Veteran's appeal for service connection on multiple issues has been dismissed due to the withdrawal of his infertility claim. The remaining claims have been remanded for further evaluation.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional VA examinations to assess the severity of his service-connected thoracolumbar spine disability, left hip scar residuals, and determine if he is entitled to a prior effective date for TDIU.

The Veteran's lumbar spine disability is rated at 10 percent, which does not meet the criteria for a higher rating.,A 10 percent rating is granted for his hernia scar due to pain.,The Veteran's TBI is currently rated as non-compensable. A separate 10 percent rating is granted for his headache disorder secondary to TBI.,The Veteran does not meet the criteria for a higher disability rating for any of his conditions.

The Veteran's claim for an initial compensable disability rating for residuals of a right hand, pinky finger fracture was denied. The Board found that the evidence did not support a higher rating based on functional loss or other symptoms. For TDIU, the Veteran's service-connected disabilities do not raise a reasonable possibility of rendering him unable to secure or maintain substantially gainful employment.

The Veteran's claims for increased ratings were denied. The left wrist disability remains at a 10 percent rating, GERD received a 60 percent rating from March 6, 2020, and the painful abdominal scar continues to be rated as noncompensable.

The Veteran's claim for a TDIU is granted with an effective date of January 31, 2017. The decision also corrects a clear and unmistakable error by granting service connection for major depression with a 70% initial rating effective January 31, 2017.

The Veteran's appeal for eligibility to direct payment of attorney fees based on past-due benefits awarded in an October 2020 Rating Decision has been dismissed because the appellant withdrew his appeal.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting SMC based on aid and attendance. However, the criteria for SMC based on housebound status prior to April 8, 2016 are not met.

The Board has granted earlier effective dates of February 22, 2017 for both the TDIU and DEA benefits based on the Veteran's service-connected disabilities.

The Veteran's claim for an increased rating for his left ankle scars was denied as the evidence did not support a higher rating under Diagnostic Code 7804 or 7805.

The Board is remanding the claims for increased ratings and earlier effective dates due to new evidence received after the initial decision.

The Board dismissed the Veteran's claims for earlier effective dates as they are final due to the January 2016 rating decision, and there is no jurisdiction over freestanding claims for an earlier effective date.

The Veteran's TDIU benefits are granted with an effective date of January 1, 2018, as the evidence shows he was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board has decided to remand the cases for further development due to insufficient evidence and a duty to assist error.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining substantially gainful employment prior to April 1, 2016. Therefore, the claim for a total disability rating based on individual unemployability (TDIU) is denied. The Veteran also does not meet the criteria for basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 prior to April 1, 2016.

The Veteran's claim for service connection for bilateral hearing loss was denied as there is no evidence of a current disability meeting VA criteria.,For the period prior to February 22, 2023, the Veteran's skin condition (furuncles with scarring) did not meet the criteria for an increased evaluation beyond 10 percent.

The Veteran's bilateral tinnitus is granted as service-connected due to in-service exposure and no intercurrent causes. The Veteran is not entitled to a compensable disability rating for hypothyroidism, GERD, sinusitis, migraine headaches, left little finger condition, or left hand scar.,The Veteran's right ankle condition, right ankle lateral reconstructive surgery, lumbar spine degenerative disc disease, and PTSD are all remanded as the evidence is insufficient to make a determination on these issues.

The Veteran's claims for compensation under 38 U.S.C. § 1151 and initial ratings for bilateral pes planus with bilateral plantar fasciitis, bilateral degenerative arthritis, and right foot metatarsalgia are being remanded due to the grant of service connection for left foot bunionectomy.