Scars Board decisions

The Board denied compensation under 38 U.S.C. § 1151 for injuries sustained in an aviation accident during vocational training, finding that the Veteran did not have a service-connected disability at the time of the injury and thus was not eligible for chapter 31 benefits.

The Veteran's appeal includes multiple issues related to his service-connected and non-service-connected disabilities, including ratings for various conditions. The AOJ is instructed to obtain the Veteran’s SSA records and update VA treatment records before readjudicating these claims.

The Veteran's claim for service connection for left knee arthroscopy scar, associated with his service-connected left knee disability is granted from the effective date of February 12, 2010. The matter of entitlement to an initial compensable rating for left knee arthroscopy scar prior to January 22, 2020 and in excess of 10 percent thereafter remains on appeal.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination to assess the current severity and manifestations of his service-connected disabilities.

The Veteran's service-connected disabilities rendered him unemployable, and the Board granted his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for effective dates earlier than August 4, 2017 for the grant of service connection for right hip flexor strain with limitation of extension and right elbow medial epicondylitis are denied.

The VA denied the agent's fees for past due benefits awarded in January 2017, as the fee agreements were not valid and S.S. no longer had power of attorney.

The Board has remanded the cases for additional development, including a VA gynecological examination by a physician to assess the severity of the Veteran's residuals of her cesarean section.

The Veteran's service-connected skin disabilities do not meet the criteria for a TDIU as they are rated at 50% and do not satisfy the percentage requirements. The Board found that his skin disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected residuals of left chest thoracotomy, bronchiectasis, and left lower lobectomy with adhesions are currently rated at 30 percent. The Veteran's service-connected left chest thoracotomy scar is currently rated at 10 percent. Both conditions have not met the criteria for higher ratings under applicable rating criteria.

The Board has denied the Veteran's claims for service connection for sleep disorder, left knee condition, and right foot condition. The case is remanded to obtain additional medical opinions regarding the left knee and right foot conditions.,Service connection was not granted for obstructive sleep apnea as there is no evidence of a nexus between the current diagnosis and active duty service.

The Veteran's claim for a disability rating in excess of 30 percent for multiple shell fragment wound scars was denied as his scars are painful but not unstable, and do not have a total area equal to or greater than 929 square cm.

The Veteran's service-connected disabilities are deemed to preclude him from securing and maintaining substantially gainful employment, and the Board finds that an additional VA examination is needed to determine if his TDIU claim should be granted.

The Board has remanded the Veteran's claims for increased ratings for lumbar residuals of SFW, cervical arthritis, bilateral hearing loss, and bilateral tinnitus. The TDIU claim is also remanded.

The Veteran's claims for increased ratings for her service-connected left index finger and ulcerative colitis, as well as the claim for service connection for a bilateral eye disability secondary to her ulcerative colitis, are being remanded due to lack of recent VA examinations. The Veteran is required to provide private medical records and undergo VA examinations.

The Board denied the Veteran's claims for higher disability ratings for his left and right knee disabilities, finding that the evidence did not support a rating in excess of 10 percent.

The Board denied the Veteran's claim for total disability rating based on individual unemployability (TDIU) as his service-connected disabilities do not render him unable to secure and follow substantially gainful employment.

The Board has remanded the Veteran's claims due to incomplete records and requests for additional information.

The Board denied the Veteran's claim of CUE in a May 1970 rating decision that assigned a 10 percent evaluation for scars of the left lower extremity with retained foreign body at the calf and knee. The Board found no clear and unmistakable error, as the evidence did not demonstrate it was undebatable that a higher rating was warranted.

The Board has remanded the case due to a lack of compliance with previous directives and the need for a new VA examination to assess the combined effect of the Veteran's service-connected disabilities on his employability.