VA service-connected disability for scars

By Larry Dandridge

Did you know that as a veteran, you may be able to file a claim for military service-connected disability compensation for scarring?

Scarring, a VA service-connected disability

Scarring can lead to significant pain, impaired mobility, and mental distress. Veterans with service-related scars can receive VA disability benefits.

I know about service-connected scarring disability because when I was wounded in Vietnam on March 28, 1969. My left mandible was fractured, and my jawline and neck had six-inch lacerations down to the jawbone. Besides losing lots of blood, I would be left with a scar about one-quarter inch deep, five inches long, and about one-quarter inch wide along my left jawline.

I also know about filing a claim for service-connected disabilities from the scar and numbness (nerve damage). I was only 20 years old when my Huey Helicopter Gunship tail rotor system was blown off, and my crew and I spun violently into the ground near the Cambodian border. That near-fatal crash broke my back, shattered my ankles, broke my right hand, fractured my left jaw, gave me severe neck whiplash, deeply bruised me all over, and resulted in serious Traumatic Brain Injuries (TBIs) — and a dash of post-traumatic stress disorder.

The good news is that by the grace of God and our good Army doctors and nurses, I recovered from those wounds and injuries enough to go back to flying and retire from the Army in September 1991. The bad news is I did not file for most of my service-connected disabilities until 37 years later, and the VA initially turned down my claim because my jawline laceration and scar were not in my medical records.

Purpose

The purpose of this article is to remind veterans to:

• Seek medical care after being wounded, injured, traumatized, exposed to hazardous materials, and becoming ill.
• Ensure their medical records capture their wounds, injuries, illnesses, scars, hazardous material (HAZMAT) contaminations and exposures (Agent Orange, Burn Pits, Asbestos, Radiation, Mustard Gas, Camp Lejeune drinking water, etc.), and traumatic events.
• Ensure that they keep copies of other documents that capture service-connection evidence, such as Military Medical Records, Line of Duty Investigations, Pictures, Accident Reports, Purple Heart Awards, Efficiency Reports, Performance Appraisals, OSHA Reports, Hazard Reports, Military Personnel Records, and others.
• File for service-connected disability compensation for all service-connected wounds, injuries, scars, illnesses, traumas, and HAZMAT contamination-caused injuries, conditions, and diseases as soon as possible. Use a VA-accredited Veterans Service Officer (VSO) to help you file for federal and state Veterans benefits.
• File a claim with asbestos trusts for all cancerous and non-cancerous injuries caused by or contributed to by asbestos.

Burn, wound, and surgical scars

Veterans suffer scars in many ways during their military service, including:

• Burn scars (Fire, Electrical, Chemical).
• Traumatic wounds (Bullets, blunt force, others).
• Surgical scars from surgeries for injuries or illnesses during service.

VA disability compensation rating for scarring

VA disability benefits can be the financial salvation for disabled veterans. Scarring serves as visible evidence of the trauma suffered. The VA recognizes several types of scars and rates scars under 38 Code of Federal Regulations §4.118, diagnostic codes 7800-7805 [7800 (Scars or disfigurement of the head, face, or neck), 7891 (Scars elsewhere on the body that are deep and nonlinear), 7802 (Superficial nonlinear scars not of the head, neck, or face), 7804 (Painful or unstable scars), and 7805 (Other scars including linear scars)] in the Schedule of Ratings for skin conditions. 

Ratings between 10% and 80% may be granted, depending on the scar’s qualities, stability, location, pain, and size. Veterans may receive multiple ratings if they have more than one scar.

VA eight characteristics of disfigurement 

The VA Schedule for Rating Disabilities notes eight characteristics of disfigurement that the VA incorporates into rating scars for compensation purposes. Those eight characteristics include:

1. The scar is five or more inches long.
2. The scar’s width is one-quarter inch at the widest part.
3. The surface of the scar elevates or depresses when pressed.
4. The scar is adherent to the soft tissue underneath it.
5. Loss of skin color or darkening of skin color in an area larger than 6 square inches.
6. Abnormal skin texture (tight, shiny, scaly, etc.) in an area larger than six square inches.
7. Underlying soft tissue beneath the scar is missing in an area larger than six square inches.
8. Skin is inflexible and hard in an area exceeding six square inches.

Establishing a service connection for all related disabilities is essential to maximizing a veteran’s disability compensation. For example, a veteran with significant scarring may also suffer from chronic pain, depression, anxiety, and/or vision and hearing loss. Each condition is assigned a separate disability rating, then payment is calculated based on a total disability rating.

Individual Unemployability (IU)

According to the VA’s “IU if You Can’t Work” webpage (https://bit.ly/3DtUjEm), veterans with severe scarring and multiple disabilities may qualify for Total Disability Individual Unemployability (TDIU) benefits. If a veteran cannot work because of a disability-related to their service in the military, they may qualify for Individual Unemployability (IU). This means the veteran may be able to get disability compensation/benefits at the same level as a veteran who has a 100% disability rating. Veterans may be eligible for IU if they meet these requirements:

• The veteran cannot hold down a steady job that supports him or herself financially because of his or her service-connected disability (Odd jobs do not count against), and one of these must be true.
• (1.) The veteran has at least one service-connected disability rated at 60% or more disabling, or (2.) the veteran has two or more service-connected disabilities, with at least one being rated 40% or more disabling and a combined rating of 70% or more.

The bottom line

The VA application and appeal processes are notoriously complex. Therefore, it is imperative to use a VSO or other VA-accredited representative (Attorney or Claims Agent) to help file claims and appeals. Find S.C. County VSOs at https://bit.ly/3qbLVSL. Find Georgia VSOs at https://bit.ly/44KMVA7. Find N.C. County Veterans Benefits Specialists and VSOs at https://bit.ly/4ghZqHW. Find a VA-accredited rep through the VA webpage https://bit.ly/4g9yGdW.

Larry Dandridge is a Vietnam War wounded warrior, disabled veteran, ex-Enlisted Infantryman, ex-Warrant Officer Pilot, and retired Lt. Colonel. He is a past Veterans Service Officer, a Patient Adviser at his local VA Hospital, a Fisher House Charleston Good Will Ambassador, and the past VP for Veteran Affairs for the local Army Association and Military Officer Association Chapters. Larry is also the author of the award-winning “Blades of Thunder (Book One)” and a contributing freelance writer with the Island News. Contact him at LDandridge@earthlink.net or 843-276-7164.