Citation Nr: 21025059 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 12-00 934 DATE: April 27, 2021 ORDER A temporary total rating under 38 C.F.R. §4.30 for surgery associated with degenerative arthritis of the distal joints of the fourth and fifth digits of the bilateral hands is denied. FINDING OF FACT 1. The Veteran’s post-service surgeries were for nonservice-connected conditions. 2. Even without surgery, the Veteran’s wearing of copper gloves to relieve bilateral hand pain does not demonstrate immobilization by cast. CONCLUSION OF LAW The criteria for a temporary total rating under 38C.F.R. §4.30 for surgery associated with service-connected degenerative arthritis of the distal joints of the fourth and fifth digits of the bilateral hands have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.30. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1975 to October 1975. The case is on appeal from a September 2011 rating decision. The claim was last before the Board in June 2014, February 2017, and September 2019. At that time, the Board granted service connection for degenerative arthritis of the distal joints of the fourth and fifth digits of the bilateral hands and remanded the claim for a temporary total rating for further development. A hearing was held in this matter in May 2012. As the Board’s September 2019 decision noted, the Veterans Law Judge (VLJ) was no longer available to issue a decision in the case. By a July 2019 letter, he was afforded the opportunity to elect a second hearing. He did not do so. A temporary total rating under 38C.F.R. §4.30 for surgery associated with degenerative arthritis of the distal joints of the fourth and fifth digits of the bilateral hands. The Veteran seeks a temporary total rating due to surgery performed to both his hands pursuant to 38 C.F.R. § 4.30. 38 U.S.C. § 1155. A temporary total rating of 100 percent for convalescence will be assigned if the treatment of a service-connected disability results in a surgery necessitating at least one month of convalescence, surgery with severe postoperative residuals, or immobilization by cast, without surgery, of one major joint or more. 38 C.F.R. § 4.30. The Veteran has been service-connected arthritis in the left and right distal fifth finger and left and right distal fourth fingers effective from November 2010. The evidence of record shows that the Veteran underwent several surgeries for his hands prior to service. Specifically, in 1974, he had reconstruction surgery for the IP joint on both hands in order to “correct” the webbing of his ring and little fingers on both hands. Following each surgery, the Veteran’s hand was placed in bulky dressing and splinted for at least two weeks. He was then cleared by his doctor to enter the military. Post-service, in December 1975, his IP joints of the little finger were beginning to bother him more and more. While the record provides the Veteran’s doctor spoke with him about fusing the IP joints in an effort to give him stable, painless fingers, evidence of record does not provide the Veteran moved forward with any additional surgeries. Medical records provide the Veteran has used copper gloves since at least April 2014, along with medication, to manage his hand pain. Further, the copper gloves are worn at night. Additionally, a December 2018 rheumatology consult note provides the Veteran was initially diagnosed with osteoarthritis, but was diagnosed with rheumatoid arthritis in January 2018. Medical records also provide the Veteran has had numerous surgeries since service, including for gangrene and removal of his left gracilis muscle. He testified at the Board hearing that he had surgeries in 1977 and 1978. Board Hr’g Tr. 8. However, the Veteran has had no surgeries since service connection was established for degenerative arthritis of the distal joints of the fourth and fifth digits of the bilateral hands and all of the surgeries for his hands were conducted prior to service. Additionally, while the record shows he has elected to wear copper gloves to reduce the pain, there is no indication that this was prescribed by a provider or caused immobilization of one major joint or more. See 38 C.F.R. § 4.45(f). The Board acknowledges that the Veteran’s contention that he has had several hand surgeries related to his service-connected disability. However, the evidence shows all of his surgeries post-service have been for other nonservice-connected conditions or pre-dated the time when service connection was in effect for the disability. Simply stated, a temporary total rating under § 4.30 may only be assigned for a service-connected disability. By its plain terms, § 4.30 does not provide for assignment of a temporary total rating prior to when service connection went into effect. As such, the preponderance of the evidence is against the claim, and a temporary total rating under 38 C.F.R. § 4.30 is not warranted. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Corey Bosely Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Becton, 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.