The Board has denied a temporary total disability rating for January 2018 low back surgery due to insufficient evidence of convalescence, severe postoperative residuals, or immobilization. The case is remanded for further examination and consideration of the Veteran's claim for higher level SMC based on his service-connected disabilities.
The deciding factor: The medical evidence does not show that the Veteran required at least one month of convalescence following his low back surgery, severe postoperative residuals, or immobilization of a joint.
- Claimed conditions
- Degenerative disc disease lumbar spine, T12 fracture status post kyphoplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2020
- Citation
- 20072761
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The claims for increased ratings for degenerative disc disease lumbar spine and PTSD were dismissed due to the Veteran's death during the pendency of the appeal.
- Dismissed
The Board dismissed the claims for service connection for a lumbar spine condition, left knee condition, left ankle condition, and right ankle condition as they were found to be duplicative appeals. The claim for a neck condition was remanded for further development.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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