Scars Board decisions

The Veteran's death was not due to willful misconduct, but his death was not the result of a condition that he had been rated as totally disabled for at least 10 years prior to his death. The appeal is remanded to obtain outstanding treatment records.

The Veteran's neck scar is granted a 10 percent rating effective September 23, 2016. The separate rating for dysphagia due to stenosis of the oropharynx is denied. The compensable rating for squamous cell carcinoma, floor of mouth (postoperative with dysphagia) is also denied. A rating in excess of 10 percent for bilateral hearing loss from October 12, 2022 is denied. An earlier effective date prior to May 18, 2022 for a TDIU is denied. Service connection for radiation fibrosis syndrome as a residual of squamous cell carcinoma, floor of mouth is remanded.

The Veteran's acquired psychiatric disorder is granted as secondary to his service-connected renal cell carcinoma. The initial rating for right renal cell carcinoma and associated scarring are remanded, as well as the issue of service connection for a heart disorder related to renal cell carcinoma.

The Board denied the Veteran's claim for TDIU prior to September 30, 2020, finding that his service-connected disabilities did not prevent him from securing or maintaining substantially gainful employment.

The Board has decided that the Veteran's claims for initial compensable ratings for gastritis with gastroesophageal reflux disease and H. Pylori infection, as well as for a forehead scar, should be remanded to the AOJ for further review of additional VA treatment records.

The Veteran's claims for increased ratings and service connection have been denied. The right ankle, left ankle, and left knee scars are not rated higher than the current 10 percent due to their non-painful and stable nature.,Tonsillitis is currently assigned a 10 percent rating, which is the maximum allowed under Diagnostic Code 6599-6516. Bilateral hearing loss and tinnitus do not warrant additional ratings.

The Board denied the Veteran's claim for SMC based on aid and attendance due to his service-connected disabilities, finding that he is not in need of regular aid and assistance.

The Veteran's vaginal disability is rated at a maximum of 30 percent, effective July 20, 2016. The anterior trunk scars are not compensably rated.

The Veteran's appeals for TDIU, increased rating for right toe disability, and compensable rating for right foot scar have been dismissed due to the death of the appellant.

The Veteran's service-connected migraine headaches, pulmonary nodule of the right lung, bilateral pterygium, and residuals of closed rib fracture with associated keloid scar are being remanded for additional examinations to assess their current severity.

The Veteran's claims for effective dates prior to March 30, 2018 and October 12, 2018 for the grant of service connection for right shoulder strain, aspergillosis, status post lobectomy, scar, status-post lobectomy, olecranon bursitis, left elbow, and olecranon bursitis, right elbow have been denied.,The Veteran's claims for effective dates prior to March 30, 2018 and October 12, 2018 for the grant of service connection for these conditions are being remanded due to additional development needed.

The Board has granted service connection for a right shoulder disorder and an increased rating of 10 percent for residuals of a right hand surgery scar. The appeal is resolved in favor of the Veteran.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain substantially gainful employment, thus his TDIU claim is denied.

The Board denied service connection for the cause of the Veteran's death, finding that his service-connected conditions did not contribute substantially or materially to his dementia and subsequent death.

The Board denied service connection for lung cancer and a post-operative scar resulting from lung surgery, finding that the disabilities did not have their onset during service or were not related to any in-service disease, injury, or other incident of service.

The Veteran's scars from stomach surgeries are rated at a compensable level of 10 percent, granted throughout the period on appeal.

The Board has granted a total disability rating based on individual employability due to service-connected disabilities effective June 30, 2020. The combined effects of the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful employment.

The Board has remanded the Veteran's claims for a compensable rating for his craniotomy scar and TDIU due to pre-decisional duty to assist errors. The issues are inextricably intertwined, so both will be remanded together.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain substantially gainful employment. The Board denied the TDIU claim as his combined disability rating was at least 70%.

The Veteran's facial scars, which measure 9.6 total square centimeters and include two characteristics of disfigurement (scar width ≥ 0.6 cm and depressed surface contour), are granted a 30 percent rating effective from May 4, 2023. The linear scars on the upper extremities and trunk, totaling 24 total square centimeters, are also granted a 30 percent rating.