Can Service Connected Disability Be Cut Below 10%
Category: Veterans Disability Law
VA Disability for Scars: Ratings, PFB VA Claim, & Disability for Surgery Scars
VA Disabilities for Scars
Scars, paired with second caste burns, were the sixth most prevalent service-connected disability that received compensation in the VA'due south most recent Annual Benefit's Report (2019). Scars were also the sixth nigh prevalent disability for all bounty recipients, resulting in i,036,326 total recipients. If you have a scar, you may exist eligible to receive VA inability for scars. You may be able to get compensation from VA disability for scars nether the right weather of severity and location.
How the VA Defines Scars and Why They May Be Compensated
In order to be eligible for VA inability for scars, you must have a scar that is either an unstable scar or a painful scar, or both. Scars are compensated based on multiple factors, which are evaluated based on two primary rating systems:
- The showtime system rates scars based on medical conditions
- The 2d system rates scared based on characteristics of disfigurement
Though this may seem simplistic, the factors that get into rating scars tin can quickly get complicated. Working with a VA inability lawyer may assist clarify both the procedure and potential results if you wish to obtain VA disability for scars.
Because "unstable scar" is one of the ii categories of rating systems, the VA states the unstable scar definition is any scar in which at that place is a frequent loss of covering of pare over the scar.
Scars are defined by their characteristics of disfigurement. In fact, in that location are eight principal attributes of scars that the VA looks at when characterizing scars:
- Your scar is v inches (13 cm) or more in length
- Your scar'due south widest width is at least i-quarter (¼) inch (0.6 cm)
- The surface of your scar either elevates or depresses when pressed upon
- Your scar is adherent to soft tissue below
- Hyperpigmentation or hypo-pigmentation, which is either the lightening or darkening of skin tissue. The change in pigmentation also needs to happen within an area of 6 square inches or greater.
- Your scarred area has aberrant skin texture in an area that is greater than half-dozen square inches. Abnormal peel texture tin can be scaly, tight, shiny, irregular, atrophic, etc.
- You accept underlying soft tissue below the scar. Again, this applies to an area that is vi foursquare inches or larger.
- If your skin does not move and/or is hard over an area of 6 square inches
How Scars are Rated by the VA
The Section of Veterans Affairs charge per unit scars based off of different factors, including the corporeality of scars a veteran has. Other determining factors the VA takes into account are the placement of the scar, the scar'due south permanence, and how much pain the veteran is in.
The official diagnostic code for the VA'south scar rating is under 38 CFR §4.118, diagnostic code 7800, 7801, 7802, 7804, and 7805. You lot will receive your VA compensation rating for scars based within the following categories:
7800: Scars on the Caput, Face up, and Neck
If y'all take scars on your head, face up, or neck, the VA will rate your scar based on the visible or palpable tissue loss, the asymmetry or gross distortion, and the number of disfigurements based on the viii characteristics of disfigurement listed above. When discussing asymmetry and/or gross baloney, this can occur in any location on the head, face up, and neck including nose, chin, brow, eyes, eyelids, ears, cheeks, or lips. In that location are four ratings that you could potentially receive for diagnostic Code 7800:
- ten%: you take one characteristic of disfigurement
- 30%: you have two or iii characteristics of disfigurement or have tissue loss and gross distortion or asymmetry.
- fifty%: you accept signs of asymmetry or gross distortion, or four to five characteristics of disfigurement
- fourscore%: you accept extreme signs of tissue loss and baloney/asymmetry or accept six or greater characteristics of disfigurement.
If yous show these characteristics, these may non exist your scores. How the VA rates your scar depends on their view of your scars. Listed higher up are potential ratings and y'all need to exist reviewed by the VA to get your actual VA ratings for scars.
7801: Scars Due to Causes Non on the Head, Confront, and Neck that are Deep and Nonlinear
Each scar that is located below the head, face, and neck are evaluated individually. You will receive a separate rating for qualifying scars. Scars do receive separate ratings, which will and then be combined into a single disability rating. Scars are rated depending on the following:
- 10: Your scar is betwixt 6 and 12 square inches
- 20%: Your scar is between 12 and 27 square inches
- 30%: The area of your scar is at to the lowest degree 72 square inches but less than 144 square inches
- 40%: Your scar is 144 square inches or more
Qualifying scars for this category are below the cervix, and nonlinear and deep.
7802: Scars that are Superficial and Nonlinear
Superficial scars equally defined as scars that are on the topmost, or "superficial" in anatomical terms. Superficial scars do not affect underlying soft tissue, only the skin. These scars are also not permanent. The VA disability for scars under this category are rated by 10% and the scar must be in an expanse 144 square inches or greater. Similar Diagnostic Code 7801, each scar is rated individually, then if yous accept multiple scars, each scar volition receive its own rating.
7804: Scars that are Painful or Unstable
If y'all have a scar that is painful or unstable, the scar must take a frequent loss of covering of skin. A painful scar VA rating of x% may be added if you have more than i unstable scar. The other painful scar VA rating organisation for diagnostic code 7804 is every bit follows:
- 10%: one to two painful or unstable scars
- 20%: three to iv painful or unstable scars
- 30%: five or more painful or unstable scars
VA inability for surgery scars is under diagnostic lawmaking 7804 since about surgical scars are superficial
7805: Other Scars, Including Nonlinear Scars, and Effects of Scars Not Under Previous Diagnostic Codes
VA disability rating for "other scars" are determined by the debilitating effects of your scar.
Benefits Involved with Individual Atmospheric condition
Your VA benefits volition depend on your VA scar rating. Y'all may receive monthly payments that are based on the combined rating per centum you receive. Other factors include the number of dependents you have. If you have a spouse and children, your individual rates may differ from a veteran who is single. VA bounty rating for scars along with your dependent condition determine your monthly payments.
Individual Conditions
Acne VA Inability Rating c Acne VA disability rating is rated under diagnostic lawmaking 7828 within the aforementioned 38 C.F.R. § 4.118 which rates scars. Superficial acne is not eligible for compensation, but deep acne, which is defined by the VA every bit "deep inflamed nodules and pus-filled cysts" is rated as such:
- 10%: deep acne affecting less than 40% of the face up, neck, or body
- xxx%: deep acne affecting 40% or more of the face up and neck
VA Inability for Surgery Scars — VA disability for surgery scars receive a rating of 10% since most surgical scars are superficial.
VA Disability Rating for Keloids — Keloid scars autumn under Diagnostic Code 7805. The VA disability rating for keloids has a 30% rating.
VA Disability for Hernia Scar — VA inability for hernia scar falls under Diagnostic Lawmaking 7804. For hernia scars, it may exist both superficial and painful, yielding a potential 10% disability rating.
VA Disability for C Section — A C section, or cesarean department scar, falls nether diagnostic lawmaking 7804 and is rated as a x% inability rating.
Tin You Go VA Inability for Scars That Are PFB? — PFB, or pseudofolliculitis barbae, is eligible to receive VA benefits for scars. You lot tin file a PFB VA claim if your scar receives a VA scar rating. PFB can take up to a thirty% VA scar rating.
Tuley Police force Office
The experienced VA Disability lawyers at Tuley Police Office understand the potential complications presented within veterans' disability law. If yous or a loved one are a veteran and take questions regarding a claim or appealing a claim, contact us today for a no-cost case evaluation.
Source: https://www.tuleylaw.com/va-disability-for-scars-ratings-pfb-va-claim-disability-for-surgery-scars/
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