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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0430366.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Granted
The Board granted a 40 percent disability rating for the Veteran's low back disorder, effective March 31, 2019.
- 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.
- 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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