Scars Board decisions

The Veteran's claims for service connection for various conditions are being remanded due to duty-to-assist errors.

The Veteran's service connection for a right upper extremity neurological disability is granted.,Service connection for urinary frequency is granted, with the condition being secondary to hypertension.,Service connection for obstructive sleep apnea (OSA) is granted. The onset of OSA during active-duty service is noted.,The Veteran's scar on top of his head from an in-service injury is found to be related to service.

The Board has remanded the claims for cervical spine condition, lumbar spine condition, right knee condition, and right ankle sprain to obtain new opinions. The claim for scar left eye/cheek is denied as no new relevant evidence was submitted.

The Veteran's service-connected disabilities, including PTSD, stab wound residuals, and left upper lumbar paraspinal wound with tender scar, rendered him unable to secure or maintain substantially gainful employment. The Board found that his service-connected conditions prevented him from performing the physical tasks required for a security guard position.

The Veteran's claim for a compensable evaluation for bilateral hearing loss is granted, with an evaluation of 10 percent. The claim for a compensable evaluation for left shoulder surgical scars is denied.

The Board has found that the Veteran's claims for right ankle disorder, digestive disorder (claimed as 'lower digestive issues'), hemorrhoids, gallbladder removal, and scar resulting from gallbladder removal are remanded due to procedural errors in the initial decision. The Board will order an examination for a right ankle disorder and obtain an addendum medical opinion regarding the digestive disorder.

The Veteran's appeal for increased disability ratings for scars was dismissed because the Notice of Disagreement did not raise issues with the initial evaluations, but instead requested service connection for malignant tumors.

The Board has granted earlier effective dates for service connection of right knee meniscus tear and scar, as well as a favorable rating decision on the evaluation for right knee meniscus tear. The Veteran's claim is pending since March 31, 2017.

The Veteran's right shoulder disability, prior to November 17, 2023, has been rated at 20 percent and is denied a higher rating.,Service connection for left shoulder strain (claimed as loss of use of left shoulder) is remanded due to duty-to-assist error.

The Veteran's service-connected conditions, including right ear hearing loss, tinea unguium, actinic keratosis, and left calf pigmented nevus, have been rated as non-compensable. The three painful left shoulder surgical scars, left ankle achilles tendinitis, and right ankle achilles tendinitis are each rated at 10 percent.

The Veteran's claims for increased ratings and effective dates are being remanded due to duty-to-assist errors involving untranslated Spanish language treatment records. These records may be relevant to the claims of EED in this appeal.

The Veteran's claim for an increased evaluation of his service-connected left wrist scar was denied as the scar does not meet the criteria for a compensable rating due to its size and lack of pain or instability.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for a compensable rating under applicable VA rating criteria.

The Veteran's claim for service connection for benign proximal positional vertigo with scarred tympanic membrane was received on June 10, 2013. The effective date is set at that time as the date of receipt of her claim. No earlier effective date can be granted.

The appeals for increased evaluations and service connection have been dismissed as the claims were pending under the legacy appeal system at the time of the April 2021 VA Form 10182, which is not within the AMA's jurisdiction.

The Board denied the appellant's request for direct payment of attorney fees based on past-due benefits awarded in the May 2022 rating decision, as the increased ratings were part of a new claim filed by the Veteran.

The Board denied earlier effective dates for service connection for liver transplant residuals, abdominal scar, special monthly compensation based on housebound criteria, and basic eligibility for Dependents' Educational Assistance based on permanent and total disability status.

The Board has granted an earlier effective date of September 23, 2021 for the award of service connection for migraine headaches and a TDIU due to service-connected disabilities.

The Board found that the Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, as his symptoms and limitations were manageable with current treatment.

The Veteran's type II diabetes mellitus and hypothyroidism are granted as service-connected due to exposure to Agent Orange during his Vietnam service. The neck scar is also granted as secondary to the service-connected hypothyroidism.