The Board denied the appellant's claim for a temporary total disability evaluation due to his service-connected lower back disability, as he did not undergo surgery or immobilization.
The deciding factor: The appellant failed to meet an essential legal requirement under the governing regulation (38 C.F.R. § 4.30) because there was no surgery or immobilization of the back resulting from a service-connected disability.
- Claimed conditions
- chronic active lumbosacral strain with myositis, disc bulging at L3-L4, bilateral L5 radiculopathy, insomnia, scar formation in the lumbosacral area
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2011
- Citation
- 1147330
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 1147330.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for service connection of insomnia was denied, and the effective date is set to the date of receipt of the claim (May 31, 2024).
- Granted
The Veteran's service-connected PTSD, major depression, generalized anxiety disorder, insomnia and alcohol use disorder caused his sleep apnea.
- Dismissed
The Veteran withdrew his appeals regarding the claims of entitlement to a compensable disability evaluation for bilateral hearing loss, service connection for anterior uveitis, right eye, and service connection for restless leg syndrome, RLE. The claim for service connection for insomnia is dismissed as moot because it was granted with an effective date based on the date of the Veteran's application.
- Granted
The Board has granted service connection for PTSD, major depressive disorder, generalized anxiety disorder, insomnia, unspecified psychosis, arthritis of the lumbar spine, degenerative disc disease, multilevel spinal stenosis, and arthritis of the cervical spine and degenerative disc disease. The diagnoses are linked to in-service physical assaults.
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