Scars decisions — 2024

The Veteran's service-connected disabilities, including carpal tunnel syndrome of the left wrist and arthritis of the left hand with various limitations, are found to hinder his ability to perform some types of occupational tasks. The Board has determined that there was a predecisional duty-to-assist error in determining the Veteran did not meet the schedular criteria for a TDIU and has ordered an examination to assess the functional impairment resulting from his service-connected disabilities.

The Board denied the Veteran's claims for service connection for lumbosacral strain status, scars, and a disability of the cervical segment of the spine. The evidence did not support that these conditions were incurred or aggravated by military service.

The Board has remanded the case due to a lack of VA examination and insufficient evidence for service connection. The Veteran's skin disability, including squamous cell carcinoma in-situ and scars, is being evaluated further.

The Board has determined that the Veteran's combined service-connected disabilities prevent him from securing or following a substantially gainful occupation, and thus grants his TDIU claim.

The Veteran's appeal of the effective date for a 10% disability rating for chorioretinal scars with diplopia was dismissed because it is not properly before the Board.

The Veteran's claim for an earlier effective date for fibromyalgia was denied, and her TDIU was granted with an effective date of July 28, 2015. The decision is based on the Veteran's service-connected conditions.

The Board has determined that the Veteran's combined service-connected disabilities prevent him from securing or following a substantially gainful occupation, and therefore grants a total disability rating based on individual unemployability.

The Veteran's claims for service connection for an acquired psychiatric disorder, facial scarring due to acne, and pseudofolliculitis barbae were denied. The Board found that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Veteran's service connection claims for degenerative arthritis of the lumbosacral spine, bilateral hearing loss, tinnitus, and a scar of the forehead have been granted. The Board has also remanded the issues of service connection for left knee and right ankle disabilities.

The Veteran's claim for an effective date prior to July 25, 2019, for the award of service connection for surgical scars associated with service-connected prostate cancer residuals has been granted. The Veteran also received a grant of service connection for prostate cancer residuals and related disabilities, but his initial compensable rating for these conditions remains denied.

The Veteran's service-connected disabilities, including PTSD, tendonitis, tinnitus, and bilateral hearing loss, prevented him from securing and following a substantially gainful occupation prior to February 27, 2018.

The Veteran's claim for a rating in excess of 70 percent for major depression with anxiety disorder was denied, and the claim for TDIU prior to April 30, 2015, was granted.

The Veteran's appeal to the February 2017 rating decision is upheld, and his claims for increased ratings are remanded for further action.

The Board has granted service connection for thyroid cancer status post thyroidectomy, hypothyroidism secondary to thyroid cancer status post thyroidectomy, and a thyroidectomy scar due to herbicide exposure during service.

The Veteran's need for regular aid and attendance is due to service-connected disabilities, leading to the grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC by reason of being housebound is dismissed as moot.

The Board denied the Veteran's claim for an effective date prior to January 5, 2019 for a total disability due to individual unemployability (TDIU) rating. The decision found that entitlement to TDIU did not arise until January 5, 2019 when the combined disability rating of 70 percent was achieved.

The Board has dismissed the appeals for cervical cancer and miscarriage, and has remanded the claim of service connection for intestinal neoplasm with tubular adenomas status-post polypectomies based on a theory other than presumptive service connection under the PACT Act.

The Veteran's claim for service connection for a respiratory/lung disability is remanded due to the need for a VA examination and medical opinion to clarify his current diagnoses and assess their relation to active duty service, including environmental exposures in Iraq.

The Veteran's claims for PTSD, bilateral hearing loss disability, and scars status post knee replacement were denied. The appeal was remanded for further action on the issues of service connection for low back pain and right knee degenerative arthritis.

The Veteran's representative has withdrawn the appeals for increased ratings for right foot hallux valgus, hallux rigidus, and residual scar of right foot surgery. The appeal is dismissed.