Scars Board decisions

The Board denied requests for earlier effective dates for service connection and SMC based on the Veteran's claims, finding that the earliest date of claim was July 14, 2010.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance, resulting in a grant of SMC based on A&A. The issue of entitlement to SMC based on being housebound is moot due to the greater monetary benefit provided by SMC at the A&A rate.

The Veteran's bilateral peripheral neuropathy of the upper and lower extremities is related to his exposure to herbicide agents (including Agent Orange) during service.,The Veteran's left eye macular scar with vision loss, claimed as residuals of shrapnel wound, is related to service.

The Veteran's appeal is being remanded due to the need for additional consideration of new evidence, including VA examinations and treatment records.

The Board has remanded the claims for further development due to incomplete performance of requested examinations. The Veteran was not contacted and did not appear for scheduled VA examinations.

The Board found that the withholding of $810.00 for 17 training days in FY 2013 was proper and denied the Veteran's appeal.

The Board has remanded the TDIU claim due to incomplete information regarding the Veteran's employment history and work-related injuries. The issues of service connection for PTSD and right knee disorder remain pending.

The Board has dismissed the appeals for increased ratings and earlier effective dates related to scar of the right lumbar region, radiculopathy of the left lower extremity (sciatic nerve), radiculopathy of the left lower extremity (femoral nerve), and IVDS as the Veteran's authorized representative requested withdrawal of all issues in October 2022.

The Board denied a disability rating in excess of 10 percent for the service-connected left thumb scar, finding that the evidence did not support such an increase.

The Board has decided to remand the cases for further development and evaluation due to insufficient medical records and outdated examination reports.

The Veteran's service-connected conditions rendered him unable to secure or follow a substantially gainful occupation prior to June 23, 2015.

The Veteran's claims for a total disability rating based on individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance (DEA) were denied as the earliest effective date is December 7, 2020. The Board found that there was no evidence of unadjudicated formal or informal claims prior to this date and that it was not factually ascertainable that the Veteran's service-connected disabilities precluded him from obtaining and maintaining substantially gainful employment within one year prior to the December 7, 2020 claim filing.

An earlier effective date of March 25, 2011 is granted for a 70 percent rating for PTSD.,An earlier effective date of August 8, 2017 is granted for SMC at the housebound rate.

The Veteran's claims for initial disability evaluations for his service-connected scars and basal cell carcinoma residuals are being remanded due to the inadequacy of the VA examination results.

The Veteran's service-connected disabilities have worsened, and the Board finds that new VA examinations are needed to assess their current severity.

The Board denied service connection for PTSD, major depressive disorder, scars status post bladder cancer surgery, COPD, and hypertension. The issues of service connection for PTSD and major depressive disorder were not reopened due to lack of new and material evidence.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) prior to March 20, 2021, finding that he was substantially gainfully employed and earning an annual income in excess of the poverty threshold.

The Veteran's service-connected disabilities, including psychogenic seizures and subacromial bursitis right shoulder with surgical scar, prevent him from securing and following a substantially gainful occupation. The Board granted TDIU on an extraschedular basis starting May 2, 2019.

The Board has remanded the case for a VA examination to address the etiology of the Veteran's right foot injury, including whether any diagnosed foot disability had its clinical onset during service or is due to an event or incident of his period of active service.

The Board has remanded the claims for further review due to insufficient reasons and bases provided in the September 2022 Supplemental Statement of the Case (SSOC). The Veteran's attorney argues that the SSOC did not provide adequate discussion of the relevant evidence, allowing the Veteran an opportunity to present arguments before the Board.