Scars decisions — 2015

The Veteran's back disability was granted a 10 percent rating, and his right lower extremity radiculopathy received a separate 20 percent rating. The current effective date is October 23, 2012.

The Veteran's right upper chest scar, which measures 1.5 cm x 1 cm and is superficial with intermittent pain on exertion, warrants a 10 percent evaluation.

The Veteran was found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities from January 1, 2012, to September 10, 2013.

The Veteran's claims for earlier effective dates for service connection and related disability benefits were denied as the evidence did not establish that he was exposed to toxic substances during service, which is a prerequisite for service connection.

The Veteran's combined disability rating is 80%, which meets the criteria for TDIU based on schedular ratings. However, he remains employed and his service-connected conditions do not render him unemployable.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the Veteran for examinations to assess the current severity of his right knee, left knee, right ankle, and postoperative right knee scar disabilities.

The Veteran's appeal is being remanded to the AOJ for scheduling a video conference hearing due to his failure to appear at the previously scheduled hearing.

The Veteran's scar on his left knee, resulting from a 2006 surgery, is painful and often bleeds. The Board granted an initial compensable rating of 10% effective September 13, 2009.

The Veteran's left femur tumor removal scar with muscle hernia is rated at 20 percent, and his right ear hearing loss is rated at 0 percent. The decision grants the higher rating for the left leg condition.

The Veteran's appeal is being remanded for additional development to determine if her service-connected disabilities prevent her from securing or maintaining all forms of substantially gainful employment.

The Veteran's service-connected right wrist disability and surgical scar were evaluated, with the right wrist disability rated at 10% and the surgical scar not warranting a compensable rating.

The Veteran is seeking additional VA educational assistance benefits beyond the 48 months she has already received. The Board has ordered a remand to determine if additional vocational rehabilitation benefits are necessary for her education program.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment, nor are they severe enough to require regular aid and attendance or housebound status.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's unauthorized medical expenses incurred on October 9, 2012 at St. Vincents Medical Center Southside were not reimbursable because the services were not authorized in advance by VA and there was no emergency requiring immediate attention.

The Board has remanded the case due to an issue of clear and unmistakable error (CUE) in a previous rating decision denying service connection for an eye disability. The appeal is pending certification and transfer to the Board.

The Veteran's appeal is REMANDED due to issues related to his right knee disability, including a reduction in rating and entitlement to extraschedular consideration. The case will be remanded for additional development.

The Veteran's claims for service connection for various conditions are being remanded due to the need for additional development and examination.

The Veteran's claim for an increased rating for her service-connected left hip disability is being remanded due to the need for a new VA examination.

The Veteran's service-connected disabilities, including PTSD, left and right knee disabilities, shoulder disabilities, cervical spine disability, and other conditions, collectively preclude him from securing and maintaining substantially gainful employment. The Board finds that the evidence is at least in equipoise regarding his employability.