Scars Board decisions

The Veteran's service-connected disabilities did not meet the requirements for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 because he was not continuously rated totally disabled for a period of 10 or more years immediately preceding his death.

The Veteran's service connection for a left eye disability, including a penetrating wound to the orbit with or without a foreign body and associated scar, is granted effective November 14, 2022. The rating of 70 percent for MDD and GAD with insomnia is also granted on this date.

The Veteran's claim for SMC based on loss of use of the left upper extremity is remanded due to inadequate examination and opinion regarding her service-connected disabilities.

The Veteran's appeal for earlier effective dates and increased ratings has been withdrawn by the Veteran's attorney, resulting in the dismissal of the appeal.

The Veteran's claim for an earlier effective date for service connection of painful bilateral inguinal hernia repair scars is granted, with the effective date set at May 3, 2019. The decision is based on continuous pursuit of the claim and the existence of surgical scars prior to this date.

The Veteran's service-connected disabilities, including his bilateral lower extremity conditions and PTSD, resulted in a loss of use of both lower extremities such that he is entitled to specially adapted housing.

The Veteran's claims for higher ratings for right knee instability, limited range of motion (ROM), and scar are being remanded due to duty-to-assist errors.

The Veteran's appeal for increased disability ratings for posttraumatic stress disorder, removal of left sixth rib, and tender thorax scar has been dismissed due to the Veteran's death during the pendency of the appeal.

The Veteran's appeal for increased ratings on multiple hand and wrist conditions has been dismissed as the Veteran requested withdrawal of the appeal.

The Board has granted service connection for tinnitus, cervical spine degenerative arthritis, thoracic strain, right upper extremity radiculopathy, right knee degenerative arthritis and chondromalacia patella, left knee degenerative arthritis and chondromalacia patella, left ankle ganglion cyst and ruptured saphenous vein, and left great toe matrixectomy with a left medial foot scar. The Board found that the Veteran's conditions are related to his military service.

The Veteran's initial compensable ratings for left ear scar, left upper thigh scar, and natal cleft scar have been denied.,The Board has also remanded the issues of service connection for bilateral upper extremity radiculopathy.

The Board denied the Veteran's claim for SMC in excess of SMC(n) based on his service-connected conditions and additional disabilities, as well as his need for aid and attendance. The appeal was dismissed.

The Veteran's right hip girdle dysfunction is currently rated at 10 percent for limitation of extension, and noncompensable for flexion and instability. The Board finds the evidence does not support a higher rating.,The Veteran's right hip girdle dysfunction is also rated as noncompensable for anterior and lateral scars. The evidence shows no painful or unstable scars with an area less than 929 square centimeters.

The Board has denied the Veteran's claims for facial or neck scars and headaches, finding no current disabilities. The issues of service connection for erectile dysfunction and an acquired psychiatric disability (insomnia) are remanded due to insufficient evidence.,Additional medical opinions are needed to address whether the Veteran's current conditions began during his active service.

The Veteran's September 4, 2024 HLR request was improperly rejected by the AOJ. The Board finds that the request is timely and valid, and reinstates the claims for earlier effective dates and increased ratings.

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, qualifying for a TDIU. The appeal of the increased rating for obstructive sleep apnea is dismissed as the Veteran withdrew his appeal.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status as he does not have a single disability rated at 100% and his disabilities are not so severe that they render him substantially confined to his residence.

The Veteran's left knee disability is rated at 30 percent for the total knee replacement and a 10 percent rating for the scar. The appeal was granted on both issues.

The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.