Citation Nr: 20007328 Decision Date: 01/28/20 Archive Date: 01/28/20 DOCKET NO. 17-51 974 DATE: January 28, 2020 REMANDED Entitlement to an extension of a temporary total rating from January 1, 2017 to March 31, 2017, based on the need for convalescence following a March 3, 2016 surgery regarding the Veteran’s service-connected lumbar spine disability is remanded. Entitlement to special monthly compensation (SMC) at the housebound rate from January 1, 2017 to March 31, 2017 is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1979 to April 1990. These matters are before the Board of Veterans’ Appeals (Board) on appeal from an April 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). Although the Board regrets the additional delay, remand is warranted prior to adjudication of the above-identified issues on their merits. The Veteran is in receipt of a temporary total disability rating for convalescence from March 3, 2016 through December 31, 2017, following a March 2016 back surgery. He contends that the termination date of his temporary total rating should be the end of March 2017, instead of the currently-assigned date of December 31, 2016. See October 2017 VA Form 9. The Veteran has based this contention upon his alleged inability to work at all between his March 2016 and April 2017 back surgeries. Id. Under 38 C.F.R. § 4.30, a total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted, effective from the date of hospital admission or outpatient treatment and continuing for a period of 1, 2, or 3 months from the first day of the month following such hospital discharge or outpatient release. In order to attain the temporary total disability rating, the Veteran must demonstrate that his service-connected disability resulted in: (1) surgery necessitating at least 1 month of convalescence; (2) surgery with severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of 1 major joint or more, application of a body cast, or the necessity for house confinement, or the necessity for continued use of a wheelchair or crutches (regular weight-bearing prohibited); or (3) immobilization by cast, without surgery, of one major joint or more. 38 C.F.R. § 4.30(a). An extension of 1, 2, or 3 months of a temporary total disability rating may be granted based on the factors enumerated above. 38 C.F.R. § 4.30(b)(1). Extensions of 1 to 6 months beyond the initial 6-month temporary total disability rating may be made upon approval of the Veterans Service Center Manager. 38 C.F.R. § 4.30(b)(2). In the instant case, the Veteran is currently in receipt of a temporary total rating for 9 months’ duration following the March 3, 2016 back surgery. A review of the claims file does not indicate whether the Veterans Service Center Manager has reviewed whether the Veteran is entitled to an additional extension of his temporary total rating beyond December 31, 2016 through to the end of March 2017—the maximum 12-month period permitted under 38 C.F.R. § 4.30. Pursuant to 38 C.F.R. § 4.30(b)(2), this question of an additional extension may not be addressed by the Board in the first instance. Accordingly, the Board remands the issue of an extension of a temporary total rating from January 1, 2017 to March 31, 2017, for initial consideration by the Veterans Service Center Manager. Relatedly, the issue of entitlement to SMC at the housebound rate from January 1, 2017 to March 31, 2017, must also be remanded as it is dependent upon the remanded temporary total rating issue. Where a pending claim is inextricably intertwined with other claims currently on appeal, the appropriate remedy is to remand the claim on appeal pending the adjudication of the inextricably intertwined claims. See Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: Pursuant to 38 C.F.R. § 4.30(b)(2), forward the case to the appropriate Veterans Service Center Manager for consideration of entitlement to an extension of a temporary total rating from January 1, 2017 to March 31, 2017, following back surgery performed on March 3, 2016. MICHELLE P. KATZ Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N.S. Pettine, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.