Scars Board decisions

The Veteran's appeals for higher disability ratings for hernia surgery scars, left ankle surgery scar, right lower extremity restless leg syndrome, and left lower extremity restless leg syndrome were denied. The Board found that the Veteran's scars do not meet criteria for a compensable rating and his restless leg syndrome does not meet criteria for a greater than 10 percent rating.

The Veteran's right pectoralis tear with right shoulder degenerative joint disease and rotator cuff strain is rated at the maximum schedular rating of 30 percent, as there is no evidence of ankylosis or other impairment.,The linear surgical scar in the right pectoral region measures 10 cm x 0.5 cm and does not meet the criteria for a compensable rating under Diagnostic Code 7802 due to its small size and lack of pain or instability.,Diabetes mellitus Type II is rated at the minimum noncompensable rating, as it requires restricted diet and/or oral glycemic agent but no daily insulin injection or activity restriction.,Actinic keratosis with chloracne has not covered 20 to 40 percent of the entire body or exposed areas, nor required any systemic treatment.

The appeal is remanded for an audit of the Veteran's VA compensation benefits and to determine if he has been paid all his entitled funds from April 1, 2023 to September 1, 2023.

The Veteran's claims for effective dates before December 22, 2021, for the grant of service connection for left knee scar and left knee strain have been denied as they are not supported by evidence that an intent to file a claim was submitted within one year of his separation from active duty.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions do not prevent him from securing and following substantially gainful employment.

The Veteran's death was not due to a service-connected disability, and the evidence does not support finding that any service-connected condition contributed substantially or materially to cause his death. The Board denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C. § 1318.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for further examination and review of his case. The Board found that additional evidence was needed before a decision could be made on these issues.

The Board has determined that the Veteran's claims for service connection are remanded due to a lack of VA examinations and incomplete military records. The effective date for the award of a 40 percent rating for bilateral hearing loss is granted as December 17, 2018.

The Veteran's right hip limitation of extension is rated as noncompensable, and the right wrist scar associated with ganglion cyst excision is also rated as noncompensable.,An earlier effective date for service connection of both conditions was granted.

The Board has granted earlier effective dates of October 1, 2007 for the Veteran's service connection claims for left knee meniscal tear residuals, left Achilles' tendon rupture, and left ankle scar.

The Veteran's appeals for a higher rating for arthritis, degenerative right ankle and initial compensable rating for scars, right ankle surgery were both denied by the Board of Veterans' Appeals.

The Veteran's initial ratings for sleep apnea, GERD, tinnitus, and scars were denied as the evidence did not support higher evaluations.,The Veteran's erectile dysfunction was also denied as there is no basis for a compensable rating.

The Veteran's claim for SMC based on loss of use of the left hand is dismissed as it has already been granted. The Board finds that he meets the criteria for SMC by reason of need for regular aid and attendance due to his service-connected disabilities, including loss of use of the left hand. However, he does not meet the criteria for SMC based on housebound status.

The Board has determined that the discontinuance of SMC at the housebound rate was improper and has revised the effective date to October 1, 2022. The Veteran's entitlement to SMC benefits is now correct as of this date.

The Board has denied a rating in excess of 10 percent for the Veteran's scar tenderness status post left inguinal hernia with residual scar, finding that the established schedular criteria are adequate to describe the severity and symptoms of the condition. The appeal is dismissed.

The Board has granted service connection for the Veteran's basal cell carcinoma with residual scars, finding that it is causally related to herbicide exposure during service.

Your service connection claims for lung cancer and residual scars, status post-surgery for bladder and right renal cancer have already been granted. The appeals are dismissed as the benefits were fully awarded.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, as he is capable of functioning in a sedentary work environment.

The Board denied the Veteran's requests for earlier effective dates for service connection and increased ratings, finding that the earliest effective dates were May 10, 2021 (for hysterectomy) and March 4, 2021 (for painful scar post cesarean).

The Veteran's appeal for left shoulder surgical scars has been dismissed.,The Veteran's appeals for an earlier effective date for service connection and increased rating of ventral hernia have been dismissed.,The Veteran's appeal for a higher rating of his ventral hernia has been granted with a 40 percent disability rating.,The Veteran's appeal for a higher rating of his status post herniorrhaphy residual scar has been granted with a 10 percent disability rating.