Scars Board decisions

The Board has granted a 50% disability rating for discoid lupus erythematous with cranial scarring effective March 1, 2015. The earlier effective date of February 29, 2016 is also granted. The CUE claim regarding the July 2016 rating decision is dismissed as moot.

The Veteran's claims for increased ratings are being remanded due to the need for new examinations and evaluations of his service-connected disabilities. The issues include painful scars, torn meniscus, left knee strain with limitation of flexion, left knee strain with limitation of extension, radiculopathy of the sciatic nerve, right lower extremity, radiculopathy of the sciatic nerve, left lower extremity, and degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome and compression fractures of T8-T10, status post lumbar fusion.

The Veteran's lumbosacral strain and right inguinal surgical scar were evaluated, with the latter receiving a non-compensable rating. The Board found that the evidence did not support an increased rating for either condition.

The Board has remanded the case for further development due to inadequate examination in determining the severity of the Veteran's left knee disability, instability, and scars. The claims are back before the Board for a new VA examination.

The Board has granted a 10% rating for the Veteran's service-connected residual scars from back surgery, but denied an increased rating for his degenerative disc disease of the lumbar spine. The case is remanded to obtain additional medical opinions regarding the severity of the Veteran's lumbar spine disability.

The Veteran's appeal is remanded due to the need for a new VA examination regarding his need for aid and attendance or housebound status based on service-connected disabilities, especially PTSD. Updated VA treatment records are also needed.

The Board has remanded the claims for service connection for a respiratory disorder, a higher initial disability rating for the service-connected coronary artery disease, and an initial compensable disability rating for the service-connected scar. The AOJ is instructed to obtain information on the October 2021 VA examiner's qualifications and provide the Veteran with a VA examination if necessary.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to April 27, 2015 was denied as there is no evidence of a formal or informal claim filed prior to that date and it was not factually ascertainable that an increase in disability occurred within the one-year period preceding the date of claim.

The Veteran's service-connected disabilities render her so helpless as to require the regular aid and attendance of another person, which is granted.

The Board has granted service connection for malignant melanoma of the right wrist/forearm and any associated scars, finding that the Veteran's condition manifested within one year after discharge from active service.

The Board has remanded the claim for service connection for impaired lymphatic flow, finding that there is insufficient evidence to establish a current diagnosis or link to service. The initial evaluation for the painful suprapubic/pelvic area scar remains pending.

The Board has granted service connection for right and left eye macular scars with blurry vision, finding that the Veteran's conditions are related to his military service.

For the initial rating period from April 1, 2020 to April 2, 2021, a higher initial rating of 20 percent for right knee scars is granted. For the previous periods, no compensable ratings are granted.

The Board denied service connection for lower back pain and associated scars, left CTS, and right CTS. The Veteran's current conditions are already covered by the existing service-connected scar and shoulder disabilities.

The Board has determined that the claims for increased ratings and service connection are inextricably intertwined with the appellant's request to substitute as a claimant. The AOJ must address these issues, including obtaining updated VA treatment records and addressing the February 2014 VA examiner's qualifications.

The Board denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities prior to September 23, 2002.

The Veteran's claim for a higher disability rating for painful scars was granted, with the effective date being January 31, 2022. The claims for service connection for left shin splints and increased ratings for anterior trunk scars, including scars status-post cesarian section, abdominoplasty, and bilateral breast reduction; scars of the back, left shoulder, and left elbow status-post excision; and scar of the right wrist status post excision of ganglion cyst were all granted. The claim for a compensable rating for scars status-post fibromyositis of the left ankle was denied.

The Veteran's right knee surgical scars are now rated at 20 percent effective March 11, 2021. Service connection is granted for a right ankle disability and a right shoulder disability.

The Veteran's appeal is being remanded for further examination and evaluation due to the need for updated VA treatment records, a more current psychiatric examination, and an assessment of left ankle disability. The Veteran will be provided with a rating in excess of 10 percent for his service-connected left ankle scar, but no higher, based on pain testimony. For his psychiatric disorder and left ankle disability, further evaluation is needed to determine appropriate ratings.

The Veteran's service connection claims for a dental implant and a left wrist scar are remanded due to the need for further examination.