Citation Nr: 21004285 Decision Date: 01/26/21 Archive Date: 01/26/21 DOCKET NO. 17-45 157 DATE: January 26, 2021 ORDER Entitlement to a temporary total disability rating based on hospital treatment for service-connected disability from September 24, 2018 to November 20, 2018 is granted. FINDING OF FACT The Veteran was treated in a U.S. Department of Veterans Affairs (VA) medical center from September 24, 2018 to November 20, 2018 for service-connected posttraumatic stress disorder (PTSD) with stimulant and alcohol use disorders. CONCLUSION OF LAW The criteria for the assignment of a temporary total rating from September 24, 2018 to November 20, 2018 are met. 38 U.S.C. § 1155; 38 C.F.R. § 4.29. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1994 until August 1999. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a September 2015 rating decision by a VA Regional Office (RO). In November 2019, the Veteran testified in a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is included in the electronic record and has been reviewed. In January 2020, the Board remanded the issue on appeal for additional development. The case is again before the Board for appellate review. The Veteran is seeking the award of a temporary total rating for her treatment at a VA Domiciliary Residential Rehabilitation Program, which spanned from September 24, 2018 to November 20, 2018, on the premise that the treatment exceeding 21 days was to treat a service-connected disability. A temporary total disability rating will be assigned when it is established that one or more service-connected disabilities has required hospital treatment in a VA or an approved hospital for a period in excess of 21 days or hospital observation at VA expense for a service-connected disability for a period in excess of 21 days. 38 C.F.R. § 4.29. Domiciliary care is defined as either a temporary home to a veteran, embracing the furnishing of shelter, food, clothing, and other comforts of home, including necessary medical services; or, a day hospital program consisting of intensive supervised rehabilitation and treatment provided in a therapeutic residential setting for residents with mental health or substance abuse disorders, and co-occurring medical or psychosocial needs such as homelessness and unemployment. 38 C.F.R. § 17.30 (b)(1). As this is considered a day hospital program under the second definition above, a veteran would be eligible for benefits under 38 C.F.R. § 4.29 if living in a domiciliary program for purposes of treating a service-connected condition. The Veteran has been service connected for PTSD with stimulant and alcohol use disorders since April 27, 2015. The record shows that she was treated at a VA domiciliary program for PTSD and related substance abuse. The treatment lasted from September 24, 2018 to November 20, 2018. The VA treatment records indicate that the VA domiciliary care focused on both PTSD and substance abuse. Given the above definition of domiciliary care and the VA treatment records indicating that the Veteran’s hospital program was necessary for treatment of her service-connected disability, the Board finds that this qualifies as hospital treatment in excess of 21 days under 38 C.F.R. § 4.29. As such, a temporary total rating for service-connected PTSD and stimulant and alcohol use disorders is warranted from September 24, 2018 to November 20, 2018. Affording the Veteran the full benefit of the doubt, her claim is granted. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Christopher McEntee, 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.