The Board denied a temporary total rating based on convalescence following surgery for the Veteran's low back disorder because the surgery did not necessitate one month of convalescence and did not result in severe postoperative residuals, house confinement, or continued use of a wheelchair or crutches.
The deciding factor: The private provider’s statement that the maximum medical improvement (MMI) for the Veteran's surgery was 'typically one year' indicates that the surgery did not necessitate at least one month of convalescence. The evidence also does not show severe postoperative residuals, house confinement, or continued use of a wheelchair or crutches.
- Claimed conditions
- Low back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 10, 2019
- Citation
- 19192688
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 19192688.
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.
- Remanded (sent back)
The Board remands the claim for a low back disorder to correct duty to assist errors, as the previous VA examinations and opinions are inadequate.
- Remanded (sent back)
The Board remands the claims for service connection for hearing loss, psychiatric disorder, neck disorder, and radiculopathy of both upper and lower extremities to correct duty-to-assist errors.
- Remanded (sent back)
The Board remands the issues of a disability rating for a low back disorder and entitlement to TDIU due to non-compliance with previous remand directives.
- Granted
The Board granted service connection for a low back disorder, radiculopathy of the left lower extremity on a secondary basis, and radiculopathy of the right lower extremity on a secondary basis.
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