Scars Board decisions

The Board has remanded the case for further examination to determine the current severity of the Veteran's service-connected left ankle disability, as the previous VA examination did not comply with DeLuca and Correia requirements.

The Veteran's left knee disability, along with other service-connected conditions, is currently rated at 30 percent. The Board denied a higher rating for the left knee disability and granted a TDIU effective October 7, 2015.

The Board has remanded the Veteran's claims for further development due to procedural errors and need for additional medical examinations.

The Veteran's claims for service connection and increased ratings were denied. The claim for right ankle tendonitis was not reopened due to lack of new and material evidence, while the other issues had their initial ratings denied.

The Veteran's skin condition is rated at a 10 percent disability rating, effective as of the date of decision. The right knee scar remains denied.

The Board has denied the Veteran's claims for service connection for a respiratory condition and residuals of a lymph node removal, finding that there is no nexus between these conditions and his military service. The TDIU claim was also remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection for scars on his facial area and chloracne, both claimed as related to exposure to herbicides. The claims are being remanded due to insufficient evidence regarding the etiology of these conditions.

The Veteran's migraine headaches are rated at a maximum of 50% since April 17, 2018, based on very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran is also granted entitlement to TDIU due to his service-connected disabilities rendering him unable to work in any substantially gainful capacity.

The Board dismissed the Veteran's appeals on all issues due to his withdrawal of the appeal prior to the promulgation of a decision.

The Board has granted an earlier effective date of November 28, 2016 for the award of a 20% evaluation for tender scars on the dorsum of the right toes. The Veteran's TDIU claim is also granted with an effective date of November 28, 2016.

The Board has determined that the Veteran's character of discharge for his second period of service from October 28, 2012, through March 18, 2016, is a bar to receipt of VA benefits. However, due to potential insanity at the time of misconduct, additional development is required to determine if this discharge should be considered non-barred.

The Veteran's earliest claim for service connection of left knee surgical scars was received on December 20, 1996. The effective date cannot be earlier than this date as the claim was not filed within a year of separation from active service.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on A&A or TDIU due to his ability to work and maintain employment.

The Board denied compensation under 38 U.S.C. § 1151 for left side of mouth and jaw nerve damage and neck scar esophagus secondary to lumbar spine degenerative arthritis with intervertebral disc disease, status post discectomy.,The decision found that the Veteran's complications were not due to carelessness, negligence, lack of proper skill, error in judgment, or some other instance of fault on VA's part.

The Board has remanded the Veteran's claim for a total disability rating for compensation based on individual unemployability due to service-connected disabilities (TDIU) prior to April 11, 2014. The case is referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's hypertension is granted as a result of the PACT Act, and rated at 100% effective from the date of enactment of the law (2022).

The Board has remanded the issues of bilateral hearing loss, tinnitus, and prostate cancer residuals for further development. The Veteran's dermopathy associated with diabetes mellitus, type 2, and diabetes mellitus are already at their maximum schedular ratings.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to May 26, 2021 was denied as the evidence did not support that he was unable to secure and follow substantially gainful employment due to his service-connected conditions.

The Veteran's malignant melanoma and residual right bicep scar have been rated at 10 percent since September 1974. The Board finds that a higher rating is not warranted as the Veteran's symptoms do not meet the criteria for any of the applicable disability ratings.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151, finding that his left ankle scars/wounds were not caused by VA carelessness, negligence, or similar instance of fault.