Scars Board decisions

The Board denied the claims for revision of the May 2012 rating decision on the basis of clear and unmistakable error (CUE) as there was no evidence that the outcome would have been different but for the alleged errors.

The Board granted a 20 percent rating for right foot osteoporosis and hammer toe of the 4th toe (status post fracture of the 3rd, 4th, and 5th metatarsals) but denied an initial rating in excess of 10 percent for tinnitus.

The Board remands the claims for service connection for bilateral carpal tunnel syndrome, irritable bowel syndrome, sleep apnea, heartburn, and a burn scar on the left upper extremity due to duty-to-assist errors.

The Board granted an initial 10 percent evaluation for a surgical scar on the neck, resolving reasonable doubt in favor of the Veteran.

The Board denied service connection for fibromyalgia, a disability rating higher than 0 percent for photophobia with dry eye syndrome, and an initial disability rating higher than 0 percent for right knee scars. The claims for increased ratings were denied due to the Veteran's failure to appear for scheduled VA examinations.

The Board remanded the claim for a compensable rating of the neck scar to obtain another VA examination and medical opinion, including a photograph.

The veteran's 60 percent rating for low back disability was restored, but higher ratings and other claims were denied or remanded.

The veteran's claim for an increased rating for a left eyebrow scar due to pain is granted. The veteran will receive a 10 percent rating effective from October 21, 2022.

The Board denied the veteran's claims for higher disability ratings for lumbosacral strain, thoracic strain, right posterior lyric lesion SI joint, dextroscoliosis, scarring/atelectasis of left lower lobe, nonspecific mild pulmonary hyperinflation, pleural effusion, residuals of COVID-19, and unspecified anxiety disorder.

The veteran's claim for a compensable rating for hemorrhoids was denied, but the claim for TDIU from December 15, 2020 to September 1, 2022 was granted.

The veteran's claim for lumbosacral strain is being reopened due to new evidence. The claim for right upper extremity radiculopathy was granted and dismissed from appeal. Other claims, including those for a right shoulder condition, back condition, left knee condition, and left upper chest scar, are being remanded for further review.

The Veteran's appeal for specially adapted housing (SAH) and special home adaptation grant (SHA) was denied because his service-connected conditions do not meet the required criteria.

The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) because the service-connected disabilities, either alone or in combination, did not render him unable to obtain and maintain substantially gainful employment.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted. The Board found that the Veteran is unable to obtain or maintain gainful employment due to his service-connected disabilities.

The veteran's claims for service connection for major depressive disorder and increased ratings for left knee conditions were denied. Claims for right knee condition, diabetes mellitus, and TDIU were remanded.

The veteran's claim for a higher rating for erectile dysfunction and surgical scar was denied. A 10% rating was granted for right hip thigh impairment with degenerative arthritis. Claims for service connection for diabetes mellitus, hypertension, hemorrhoids, and left knee disability were remanded.

The Board remands the service connection claim for facial scars to correct a pre-decisional duty-to-assist error and obtain necessary medical opinions.

The Board denied service connection for a scar on the Veteran's scalp region, finding that the scar was from an accident in November 2005, after his military service.

The Board denied service connection for bilateral hearing loss, an initial compensable rating for inguinal hernia, a compensable rating for scar due to right hernia repair, and referral of a total disability rating based on individual unemployability.

The Board denied the appeals for restoration of service connection for supraclavicular nodule, sarcoma and supraclavicular surgical scar, as well as discontinuance of Special Monthly Compensation (SMC) based on housebound status.