In considering the residuals of injury, it is essential to trace the medical-industrial history of the disabled person from the original injury, considering the nature of the injury and the attendant circumstances, and the requirements for, and the effect of, treatment over past periods, and the course of the recovery to date. The duration of the initial, and any subsequent, period of total incapacity, especially periods reflecting delayed union, inflammation, swelling, drainage, or operative intervention, should be given close attention. This consideration, or the absence of clear cut evidence of injury, may result in classifying the disability as not of traumatic origin, either reflecting congenital or developmental etiology, or the effects of healed disease.
Notes of Decisions
Cited in
2
cases, 2017–2020 · leading case:
11-28 206 (Board of Vet. App. 2017).
11-28 206 (Board of Vet. App. 2017).
“The Board attempts to determine the extent to which the Veteran's service-connected disability adversely affects his ability to function under the ordinary conditions of daily life and is based, as far as practicable, on average impairment of earning capacity in civil…”
190712-13108 (Board of Vet. App. 2020).
“See 38 C.F.R. §§ 4.41 , 4.10 (2019). For the reasons set forth above, the Board finds that ratings in excess of 10 percent for right and left hip limitation of flexion of the thighs are not warranted.”
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