Scars Board decisions

The Veteran's claim for a compensable disability rating for scar, lumbosacral spine associated with lumbosacral strain with degenerative arthritis and spinal stenosis is denied. The Board has also remanded the Veteran's claims for increased ratings for bladder cancer during specific periods of time.

The Veteran's lymphatic system disability (Castleman's disease) and skin disabilities have been remanded for further review due to new evidence received since the last denial.

The Board has determined that the Veteran's service records have not been fully verified and additional development is needed to determine his periods of active duty, ACDUTRA, INACDUTRA, and FTTD. The AOJ must also obtain all outstanding complete service treatment records and service personnel records from the United States Navy, the United States Navy Reserve, the Kansas Air National Guard, and the Colorado Air National Guard.

The Board has ordered the AOJ to complete several actions related to the Veteran's claim for additional VA disability compensation benefits under the CRDP program, specifically for the period prior to March 1, 2010. The AOJ must obtain all relevant VA records and DFAS audit error worksheets, perform a paid and due audit, and readjudicate the claim.

The Veteran's claim for an increased rating for service-connected residual scars of the left wrist due to ganglion cyst was denied as their scars do not meet the criteria for a higher evaluation.

The Veteran's service-connected bilateral pes planus is granted, and an initial compensable rating of 10 percent for his right knee scar is granted. The Veteran's claim for a higher rating for his degenerative arthritis prior to September 10, 2020, remains pending.

The Veteran was engaged in substantially gainful employment prior to December 7, 2018. The Board found that his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment during the rating period on appeal.

The Veteran's right shoulder scar was previously rated as noncompensable, and the Board is remanding the case to correct a duty to assist error by obtaining relevant medical records.

The Board has denied service connection for a right forearm scar and remanded the claim of service connection for an acquired psychiatric disability.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include depression, as secondary to his service-connected disabilities is denied. The Veteran is granted a 60 percent rating for prostate cancer. The Veteran's claim for increased rating of atherosclerotic cardiovascular disease with myocardial infarction and coronary artery bypass graft is denied. The Veteran's claim for compensable rating for residual surgical scar anterior chest is denied.

The Veteran's right knee scars were granted a 20 percent rating from November 12, 2019, to March 10, 2021. The Veteran's right knee degenerative joint disease was denied any increase in ratings.

The Veteran's TDIU claim is dismissed as moot due to his receipt of a 100% schedular rating for residuals of TB, effective April 26, 2011. The Board has referred the issue of entitlement to a TDIU on an extraschedular basis prior to April 26, 2011, to the Director of Compensation Service.

The Board has remanded several service connection claims for further development due to new evidence submitted by the Veteran. The remaining issues are related to right wrist, shoulder, and low back conditions.

The Board has dismissed the appeal for a compensable evaluation for right foot scars due to the Veteran's withdrawal of her appeal. The cases of specially adapted housing, special home adaptation grant, and financial assistance for an automobile or other conveyance are remanded.

The Veteran's service-connected disabilities have rendered her helpless as to need regular aid and attendance of another person, warranting SMC based on aid and attendance from April 21, 2021.

The Board denied the Veteran's claims for increased ratings for left flank scar and left ear hearing loss, as well as service connection for hypertension. The decision found that there was no current diagnosis of hypertension and that the evidence did not support a finding of direct service connection.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of cervical spine surgery was denied as the surgery did not cause an additional disability, and there is no evidence that it caused his current condition.,The Veteran's TDIU claim was granted due to his service-connected major depressive disorder which precludes him from securing or following substantially gainful employment.

The Board dismissed the Veteran's appeals for increased ratings for right and left total knee replacements, but granted SMC based on a need for regular aid and attendance due to his service-connected disabilities.

The Veteran's appeal is being remanded due to a duty to assist error in the February 2019 VA examination report. The claims for increased ratings for right knee disability and right knee scar are being remanded to obtain a new VA examination.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of February 26, 2010. Effective that date, the Veteran is granted an effective date for his TDIU and eligibility to Chapter 35 Dependents' Educational Assistance.