The Veteran's claim for an increased rating for anterior abdominal scarring prior to July 28, 2015 was denied as the evidence did not show at least three unstable or painful scars. A 40 percent rating is granted from January 29, 2021.,The Veteran's request for a temporary total evaluation beyond February 1, 2014 due to surgery with severe postoperative residuals was denied as the evidence did not show severe postoperative residuals or immobilization by cast. The Veteran returned to work on light duty in August 2013 and continued to have some functional limitations.,The Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) due to service-connected disabilities was denied as the evidence did not show that his service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment.
The deciding factor: The preponderance of the evidence is against the assignment of a rating in excess of 10 percent under Diagnostic Code 7804 prior to July 28, 2015 because the Veteran did not have at least three unstable or painful scars during that time period. The additional 10 percent permitted under Note 2 to Diagnostic Code 7804 may only be applied effective January 29, 2021.,The evidence does not show severe postoperative residuals or immobilization by cast, which are required for a temporary total evaluation beyond the initial six months of convalescence. The Veteran returned to work on light duty in August 2013 and continued to have some functional limitations.,The evidence did not show that the Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment.
- Claimed conditions
- Anterior Abdominal Scarring
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2021
- Citation
- 21031261
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21031261.
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