Citation Nr: 21006187 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 14-10 925 DATE: February 3, 2021 ORDER A disability rating in excess of 60 percent for deep vein thrombosis of the right leg, prior to January 16, 2020 is denied. A total disability rating from January 16, 2020 to June 10, 2020 for deep vein thrombosis of the right leg is granted. FINDING OF FACT 1. Prior to January 16, 2020, the Veteran’s deep vein thrombosis of the right leg did not manifest massive board-like edema. 2. From January 16, 2020, the Veteran’s deep vein thrombosis of the right leg manifested massive board-like edema and constant pain. CONCLUSION OF LAW 1. Prior to January 16, 2020, the criteria for a disability rating in excess of 60 percent for deep vein thrombosis of the right leg have not been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.104, Diagnostic Code 7121. 2. From January 16, 2020, the criteria for a total disability rating for deep vein thrombosis of the right leg have been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.104, Diagnostic Code 7121. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably in the United States Army from 1985 to 1987. These matters come to the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO) issued in September 2012. This appeal is being adjudicated under the legacy appellate framework. The Veteran testified at a personal hearing before the Board in August 2018, and a transcript of the hearing is of record. The increased rating claims was previously before the Board, and, in May 2019 and June 2020, the Board remanded this matter for further development. 1. A disability rating in excess of 60 percent for deep vein thrombosis of the right leg is denied. 2. A total disability rating from January 16, 2020 to June 10, 2020 for deep vein thrombosis of the right leg is granted. At issue is whether the Veteran is entitled to a disability rating in excess of 60 percent. The weight of the evidence indicates that the Veteran is entitled to a total disability rating effective January 16, 2020, but the Veteran is not entitled to a disability rating in excess of 60 percent prior to January 16, 2020. The Veteran first filed for service connection in June 1987, and the Board granted service connection in November 1987 and assigned a disability rating of 30 percent effective the day after separation from service. In October 2002, the Veteran’s disability rating was increased to 40 percent. On September 13, 2011, the Veteran filed an increased disability rating, and, in September 2012, the RO denied the Veteran’s increased rating. The Veteran appealed. During the pendency of the appeal, the Veteran’s disability rating was increased to 60 percent effective September 13, 2011 and a total disability rating effective June 11, 2020. The Veteran’s disability rating is assigned pursuant to Diagnostic Code 7121. Under Diagnostic Code 7121, a disability rating of 60 percent for is assigned when the Veteran’s deep vein thrombosis manifests persistent edema or subcutaneous induration, stasis pigmentation or eczema, and persistent edema, and a 100 percent (total) disability rating is assigned when the Veteran’s deep vein thrombosis manifests massive board-like edema with constant pain. 38 C.F.R. § 4.104, Diagnostic Code 7121. The Veteran underwent a VA examination in January 2012. The Veteran reported pain, and the examiner observed intermittent edema; but the examiner did not observe massive board-like edema. The Veteran underwent another VA examination in March 2017. The Veteran reported pain, and the examiner observed intermittent edema; but the examiner did not observe massive board-like edema. The Veteran underwent another VA examination in April 2019. The examiner did not observe massive board-like edema. The Veteran underwent another VA examination in January 15, 2020. The Veteran reported pain, and the examiner observed intermittent edema; but the examiner did not observe massive board-like edema. The Veteran underwent another VA examination in June 2020. The Veteran reported pain, and the examiner observed massive board-like edema. The weight of the evidence indicates that the Veteran is entitled to a total disability rating effective January 16, 2020. In order to meet the criteria for a disability rating of 60 percent, the Veteran needed to manifest constant pain and massive board-like edema. The Veteran underwent a VA examination in June 2020 which indicated that the Veteran manifested massive board-like edema and pain, and the Veteran underwent a VA examination on January 15, 2020 – although noting pain – which indicated that the Veteran did not manifest massive board-like edema. Therefore, the Veteran began to manifest massive board-like edema sometime between January 15, 2020 and June 2020. Therefore, the Veteran is entitled to a total disability rating effective January 16, 2020; the earliest possible date that the Veteran could have begun to manifest massive board-like edema. The weight of the evidence indicates that the Veteran is not entitled to a disability rating in excess of 60 percent at any other time during the period on appeal. In order to meet the criteria for a disability rating in excess of 60 percent, the Veteran needed to manifest massive board-like edema. The Veteran was examined multiple times throughout the period on appeal, but the Veteran did not manifest massive board-like edema at any time prior to June 16, 2020. Therefore, the criteria for a disability rating in excess of 60 percent prior to June 16, 2020 is denied. Here, the weight of the probative evidence of record indicates that the Veteran is entitled to a total disability rating effective January 16, 2020. Therefore, the evidence in this case is evenly balanced enough so as to allow application of the benefit-of-the-doubt rule as required by law and VA regulations. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. As such, entitlement to a total disability rating effective January 16, 2020 is granted. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Seaton The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.