Scars Board decisions

The Veteran's claim for an earlier effective date for SMC based on aid and attendance is being remanded due to missing private treatment records from Dr. S.M. at South Shore Medical Center, which are necessary for a complete evaluation of the Veteran's condition.

The Board has determined that additional VA examinations are needed to correct pre-decisional duty to assist errors and remands the claims for higher disability ratings for various foot and knee disabilities. The issue of entitlement to an allowance for an automobile or other conveyance and adaptive equipment is also remanded due to its interrelated nature with the remanded claims.

The Veteran's claim for an earlier effective date of March 25, 2019, for the 100% evaluation of Major Depressive Disorder is granted. The Veteran's claim for TDIU is denied as she was not found to be unemployable due to her service-connected disabilities.

The Veteran's tinnitus is granted service connection, and a 10 percent rating for his left index finger scar post laceration is granted. The Veteran's left testicular varicocele does not meet the criteria for a compensable disability rating.

The appeals for left knee injury, lumbar back pain, bilateral burn scars, and sleep apnea have been dismissed. The appeal of post-traumatic stress disorder is remanded.

The Veteran's claims for lumbosacral strain, bilateral lower extremity radiculopathy, right knee strain, and right knee scars were granted effective June 13, 2018.

The Veteran's service-connected conditions, including anxiety disorder, lumbosacral strain, cervical spine, and chronic obstructive pulmonary disease, have rendered him in need of regular aid and attendance. The Board has granted SMC based on this need.

The Veteran's claims for an initial compensable rating for right ankle scars and a TDIU are remanded due to inadequate VA examination.,The issue of entitlement to an effective date earlier than June 20, 2018, for the grant of service connection for right ankle arthritis and right ankle scars is also remanded.

The Board has granted earlier effective dates of November 6, 1993 for service connection of patellofemoral pain syndrome and scar in both knees.

The appeal for service connection of a lumbar spine scar is dismissed as moot. The right hip scar and sleep apnea claims are remanded due to the submission of new evidence.

The Veteran's service-connected disabilities cause him to need the regular aid and assistance of another person, qualifying for SMC based on the need for aid and attendance. The issue of entitlement to SMC by reason of housebound status is moot as a result.

The Veteran's appeal for higher ratings on several conditions, including lumbosacral strain with intervertebral disc syndrome and right lower extremity radiculopathy, has been remanded. The issues of scar rating have been withdrawn.

The Veteran's claim for a compensable rating for scars on his head and lip was denied as the evidence did not show any disabling effects from these scars.

The Veteran is granted an initial 20 percent disability rating for his service-connected surgical scar residuals, effective December 31, 2015. He was previously denied a higher rating and the RO has now awarded him this lower but still compensable rating.

Effective June 29, 2021, the Veteran's diabetes mellitus, type II and hypothyroidism have been granted as secondary to Agent Orange exposure.,Effective June 29, 2021, the Veteran's diabetic neuropathy of various extremities and diabetic nephropathy are also granted as secondary to his diabetes mellitus, type II.

The Veteran's service-connected disabilities, including patellofemoral pain syndrome, posttraumatic stress disorder, tinnitus, Bell's palsy residuals, abdominal pain and diarrhea, right ankle disability, bilateral hearing loss, folliculitis, temporomandibular joint disease, hyposmia associated with Bell's palsy residuals, loss of taste associated with Bell's palsy residuals, and scar, right lower extremity, have rendered him unable to secure or follow substantially gainful employment throughout the appeal period. As such, he is entitled to a TDIU.

The Veteran's TDIU was awarded effective November 3, 2020. The Board finds that there has been a pre-decisional duty-to-assist error in failing to consider a TDIU prior to this date and refers the matter for extra-schedular consideration.

The Veteran's initial disability rating for left calf varicosities has been granted at a 20 percent level. The claim of increased rating for the scar, left lower extremity, status post vein stripping is remanded.

The Veteran's appeal regarding the timeliness of a June 2023 VA Form 10182 is dismissed because her Motion for Extension of Time was granted, and she submitted a timely Notice of Disagreement.

The Board has decided to remand the case due to deficiencies in the December 2020 VA examiner's opinion regarding the Veteran's service connection claim for right leg varicose veins, venous insufficiency, and scarring.