The veteran's claim for a temporary total evaluation under 38 C.F.R. § 4.29 and 4.30 was denied because the surgery performed at a VA medical center on October 29, 2001, pertained to a nonservice-connected cervical spine disability.
The deciding factor: The veteran's service-connected disabilities did not meet the criteria for a temporary total evaluation under 38 C.F.R. § 4.29 and 4.30 as they were related to a non-service-connected condition.
- Claimed conditions
- cervical spondylotic myelopathy, degenerative joint disease of the lumbosacral spine, degenerative changes of the left knee, degenerative changes of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 16, 2004
- Citation
- 0430366
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. Search VA.gov for the original decision (opens in a new tab) using citation 0430366.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for the Veteran's degenerative joint disease of the lumbosacral spine, finding that it is at least as likely as not related to military service.
- Whole decision: Granted
The Board granted a 40 percent disability rating for the Veteran's low back disorder, effective March 31, 2019.
- Whole decision: Remanded (sent back)
The Board remanded all issues related to the veteran's ratings for various disabilities and TDIU. The Board could not consider certain evidence due to timing rules but will allow the AOJ to consider it.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional medical records and opinions regarding the etiology of his ankle, knee, and leg disorders.
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