Scars Board decisions

The Board has remanded the Veteran's claims for service connection for tinnitus, sleep apnea, a psychiatric disorder (anxiety), sarcoidosis, squamous cell carcinoma (cancer of the head and neck), residuals of a tonsillectomy, scar status post thoracotomy, right ear hearing loss, and right shoulder disability due to in-service exposure to acoustic trauma. The claims are being remanded for further development including obtaining medical opinions on the etiology of these conditions.

The reduction of the rating for bilateral hearing loss from 40% to 0% was not proper, and the 40% rating is restored.,The reduction of the rating for right knee instability from 10% to 0% was not proper, and the 10% rating is restored.,The reduction of the rating for painful left calf scar from 10% to 0% was not proper.

The Veteran's service connection claim for a scar, residuals of left breast mass excision is granted. The Board found that the current disability (scar) was caused by her in-service left breast mass excision.

The Veteran's claim for service connection for residuals of a left eye injury is dismissed because the condition has already been granted. The Board also remanded the issue regarding the reduction in rating for the consequent scar on the left side of his face near the eye.

The Veteran's service-connected disabilities, including right ankle sprain, left ankle talo-fibular ligament tear, painful bilateral ankle scars, and right shoulder impingement syndrome with rotator cuff tendonitis, labral tear and sub-acromial and sub-deltoid bursitis associated with right ankle sprain, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on this finding.

The Veteran's claim for service connection for old corneal scar, vitreous floaters, and dry eye syndrome (claimed as eye condition) was denied in previous decisions. The effective date of the award is set at July 20, 2018.

The Veteran's orchitis and residual tender scar have been granted a compensable disability rating, but the increase rating for the residual tender scar and denial of the right upper scrotum scar remain.

The Veteran's right leg surgical scar has been granted a 10% disability rating for the entire initial rating period on appeal.,A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted for the entire rating period prior to January 4, 2020.

The Board has remanded the case due to a failure to issue an SOC on the increased rating for right wrist disability, and the Veteran was not provided with information about her hearing rights.

The Veteran's bilateral pes planus and plantar fasciitis have been granted a 50% initial rating since March 15, 2021.,A 30% initial rating was granted for the same conditions from June 28, 2008 to March 14, 2021.

The Board has remanded the cases for further development and examination, including obtaining SSA records and determining if the left knee osteoarthritis is related to a service-connected wound from active duty.

The Board found that the January 2010 decision did not contain clear and unmistakable error in denying earlier effective dates for service connection for the Veteran's conditions. The deck logs from the USS Taylor, which were associated with his file after the original claims had been decided, did not trigger reconsideration of the original decisions as they were not part of the basis for the initial grants of service connection.

The Veteran's lower intergluteal cleft scar has worsened, causing itchiness, discomfort, pain, weeping and discharge. She testified that it impacts her ability to work as a receptionist due to prolonged sitting periods. The Board finds the last VA examination may not reflect current severity of the condition.

The Veteran's initial claim for a higher rating for his left hand laceration scar was denied, and he is now receiving a 20 percent disability rating effective December 24, 2020.,His peripheral neuropathy of the left upper extremity remains rated at 30 percent.

Service connection for residual surgical scarring due to a tonsillectomy is granted.,A rating of 30 percent, but no greater, for gastroesophageal reflux disease (GERD) is granted.

The Board has remanded the case for further development, including a VA examination to assess the severity of the Veteran's service-connected left knee disability and consideration of additional evidence since the last SSOC.

The Veteran's appeals for earlier effective dates have been dismissed.,The issues of service connection for right lower extremity and left lower extremity neurological conditions are remanded for further development.

The Veteran's claims for increased ratings and service connection were denied. Service connection was not granted for a residual scar of the left side of face, and his lumbar spine disability was rated at 20 percent prior to October 19, 2020, and 40 percent from that date onwards.

The Veteran's miscarriage is not related to her service at Camp Lejeune, and the Board denied this claim.,The Veteran's cervical cancer was not caused by exposure to contaminated water at Camp Lejeune. The Board found that other factors such as aging process and HPV were more likely causes of her condition.

The Veteran's service-connected disabilities rendered him so helpless as to require regular aid and attendance, leading to the grant of SMC based on A&A.