Scars decisions — 2024

The Veteran's appeal is dismissed as the issues were improperly docketed under the Appeals Modernization Act (AMA) system.

The Veteran's migraine headaches have been granted service connection.,Initial compensable evaluations for the surgical scars of the right and left knees were denied.,Service connection for a left ankle/achilles disability (tendonitis) is granted, but initial compensable evaluations are not warranted.,A remand is required to obtain an adequate medical nexus opinion regarding the Veteran's claimed left ankle/achilles disability.

The Board denied the Veteran's claim for SMC based on aid and attendance or housebound status due to his service-connected disabilities, finding that he was not in need of regular aid and assistance nor permanently bedridden.

The appeal seeking additional disability compensation benefits based on the Veteran's dependents is dismissed as there was no decision to appeal and it does not establish a case or controversy for the Board to decide.

The Veteran's service-connected disabilities prevent him from maintaining substantially gainful employment, meeting the schedular requirements for TDIU and his past work experience and training render him unable to seek a different line of work.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of these issues by his attorney.

The Board has denied the Veteran's claims for increased ratings for various scars and hypertension. The case is remanded to consider whether an extraschedular rating is warranted, as well as to address the issue of a total disability rating based on individual unemployability prior to July 18, 2023.

The Veteran's claim for service connection for bilateral hearing loss is granted. The claim for a compensable evaluation for right eye retinal scar prior to June 14, 2023, and in excess of 10 percent thereafter is denied.

The Veteran's service-connected left foot hallux valgus, status post bunionectomy with arthritis and left toe scar due to bunionectomy do not prevent her from obtaining and maintaining substantially gainful employment.

The Board denied the Veteran's claim for a TDIU due to insufficient evidence showing he was unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claims for initial compensable ratings for his service-connected scars and residuals of right orbital floor fracture have been denied. The Board has also remanded the issue of service connection for residuals of traumatic brain injury.,Service connection for TBI residuals is being remanded due to insufficient evidence regarding its etiology.

The Veteran's claims for effective dates prior to March 24, 2015 have been denied as there were no formal or informal claims filed prior to that date.,The Veteran's claims for increased disability ratings are being remanded.

The Board has denied the Veteran's claim for an initial compensable rating for his surgical scar, right knee as there is no evidence of any painful or unstable scars and the area does not exceed 28 square cm.

The Veteran's appeals for a compensable rating and an initial rating in excess of 10 percent for his residual scar of right inguinal hernia repair have been dismissed.

The Veteran's claim of entitlement to an initial compensable disability rating for PTSD has been withdrawn.,Service connection is granted for a bilateral foot disability, headache disability, and bilateral leg disability (secondary to sarcoidosis).,Service connection is denied for back and leg scarring (secondary to sarcoidosis).,The Veteran's claim of entitlement to service connection for a liver disability remains pending.

The Board has granted service connection for neck and low back disorders, right upper extremity radiculopathy, right lower extremity radiculopathy, left lower extremity radiculopathy, and a back scar. The Veteran's credible statements of pain in his neck and back have been considered, with the weight of evidence at least in equipoise.

The Veteran's right ankle disability, including posttraumatic arthrosis and painful scar, is currently rated as 10% for each condition. The appeal is remanded due to the need to reopen claims for service connection of psychiatric and neck conditions.,No specific rating has been assigned for the Veteran's current service-connected disabilities.

The Veteran's right carpal tunnel syndrome was granted a rating of 30 percent from April 11, 2020, to December 1, 2021.,From November 6, 2021 to November 17, 2021, the Veteran received a 10 percent rating for his right shoulder scar. After that period, he was denied any higher ratings.

The Veteran's appeals for higher ratings on his right shoulder and right inguinal hernia with residual scar have been dismissed due to the Veteran's withdrawal of these claims. The Board has also remanded cases regarding left knee disability, including limitation of flexion, instability, and extension.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected PTSD. The other issues are remanded for further development and consideration.