The Veteran's claim for a temporary total rating under 38 C.F.R. § 4.30, based on the need for convalescence following cervical spine surgery in April 2005, is denied as his service-connected disability was not established at the time of the surgery.
The deciding factor: The Veteran's cervical spine condition was not service-connected at the time he required a period of convalescence following an April 2005 cervical spine surgery.
- Claimed conditions
- cervical spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2010
- Citation
- 1040220
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 1040220.
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 granted service connection for multiple conditions, including bilateral foot disability, knee disability, ankle disability, cervical degenerative disc disease, spondylosis, and cervicalgia, secondary to a service-connected lumbar strain, as well as GERD. The claims of readjudication were also granted.
- Dismissed
The Board dismissed the claims for increased ratings and denied a compensable rating for right shoulder scars, while remanding several other issues including service connection for a right hand disorder.
- Remanded (sent back)
The Board remands the claims for service connection for cervical spondylosis, left knee degenerative arthritis, and migraines to VA for an adequate examination and medical opinion.
- Denied
The appeal to reopen a claim of service connection for cervical spondylosis was denied because the additional evidence submitted is not relevant to proving a nexus between the disability and military service.
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