Citation Nr: 21007180
Decision Date: 02/08/21	Archive Date: 02/08/21

DOCKET NO. 17-04 762
DATE: February 8, 2021

ORDER

Entitlement to a temporary total evaluation under 38 C.F.R. § 4.29 due to hospital treatment in excess of 21 days for service-connected psychiatric disability is denied.

FINDING OF FACT

The preponderance of the competent evidence record shows that the Veteran was not hospitalized in excess of 21 days for service-connected psychiatric disability at any point during the appeal period.

CONCLUSION OF LAW

The criteria for a temporary total evaluation under 38 C.F.R. § 4.29 due to hospital treatment in excess of 21 days for service-connected psychiatric disability have not been met.  38 U.S.C. § 1155; 38 C.F.R. § 4.29.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active service in the Navy from July 1978 to July 1981 and from December 1981 to September 27, 1985.  He also had a period of “Other than Honorable” service from September 28, 1985, to August 1988; his character of service is a bar to benefits for this period.

The Veteran testified at a virtual Board hearing before the undersigned in April 2020.  This matter was before the Board in July 2020 when it was remanded for additional development.

The Veteran contends he is entitled to temporary total disability rating pursuant to 38 C.F.R. § 4.29 for “any 21 +day hospitalizations” related to his service-connected psychiatric disability.  See June 2015 Notice of Disagreement.  A temporary total disability rating (100 percent) will be assigned when it is established that a service-connected disability has required hospital treatment in a Department of Veterans Affairs or an approved hospital for a period in excess of 21 days.  38 C.F.R. § 4.29.

Here, the Veteran has been awarded service connection for psychiatric disability effective August 16, 2012.  See August 2020 rating decision.

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The competent evidence of record for the period beginning August 16, 2012, does not include any evidence of hospital treatment for service-connected psychiatric disability for a period in excess of 21 days.  While the evidence does show hospitalizations for non-service-connected disabilities (heart disability and residuals of a car accident) during this period, and a psychiatric hospitalization for less than one week in April 2015, the evidence does not show that the Veteran was hospitalized in a VA facility for more than 21 days for treatment of service-connected psychiatric disability, or a disability caused or aggravated by service-connected psychiatric disability for the period beginning August 16, 2012. 

Thus, a temporary total disability rating is not warranted under 38 C.F.R. § 4.29.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Fletcher, Kathleen

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.