Citation Nr: 21031730 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 16-41 020 DATE: May 24, 2021 ORDER Entitlement to a temporary total disability evaluation for convalescence relating to April 2012 coronary bypass surgery is denied. FINDING OF FACT As the Veteran's coronary artery disease, status post coronary artery bypass graft is service connected as of November 30, 2012, a period of convalescence following the coronary artery bypass graft in April 2012 is not related to a service-connected condition. CONCLUSION OF LAW The criteria for a temporary total disability evaluation for convalescence relating to April 2012 coronary bypass surgery have not been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.30. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1976 to October 1998. This matter comes before the Board of Veterans' Appeals (Board) from an August 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The issue was previously before the Board but was remanded along with other issues for further development in a November 2018 decision. Prior to returning to the Board, the RO issued an August 2020 rating decision granting the Veteran service connection for coronary artery disease, status post coronary artery bypass graft associated with hypertension at 30 percent effective November 30, 2012. The Veteran contends he is entitled to a temporary total disability evaluation for convalescence relating to his April 2012 coronary bypass surgery. VA law provides that the effective date for an award of disability compensation for an original claim shall be the date of receipt of the claim, or the date entitlement arose, whichever is later, unless the claim is received within one year of separation from service. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400(b)(2). Unless specifically provided, the effective date should be on the basis of facts found. 38 C.F.R. § 3.400(a). For reopened claims, an earlier effective date is assigned the date of receipt of the claim or the date entitlement arose, whichever is later. 38 C.F.R. § 3.400(r). A temporary total (100 percent) disability rating for convalescence purposes will be assigned, for up to three months, without regard to other provisions of the Rating Schedule, when it is established that treatment of a service-connected disability results in: (1) surgery necessitating at least one month of convalescence; (2) surgery with severe post-operative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of one major joint or more, application of a body case, or the necessity for home 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)(1)-(3). An extension of one, two, or three months of a temporary total evaluation may be granted based on the factors enumerated above. 38 C.F.R. § 4.30(b). Extensions of one to six months beyond the initial six-month temporary total evaluation may be made upon approval of the Veterans Service Center Manager. 38 C.F.R. § 4.30(b)(2). "Convalescence" is defined as "the stage of recovery following an attack of disease, a surgical operation, or an injury." See Felden v. West, 11 Vet. App. 427, 430 (1998) (defining "recovery" as "the act of regaining or returning toward a normal or healthy state"). The purpose of a temporary total evaluation is to aid a claimant during the immediate post-surgical period when he or she may have incompletely healed wounds or may be wheelchair-bound, or when there may be similar circumstances indicative of transient incapacitation associated with recuperation from the immediate effects of an operation. 38 C.F.R. § 4.30. Thereafter, any chronic residual disability after surgery is rated under the schedular criteria for the disability, and not rated under 38 C.F.R. § 4.30. The evidence of record shows the Veteran had coronary artery bypass surgery on April 12, 2012 with his recovery time being from April 12, 2012 to July 28, 2012. See January 2013 Private Physician Letter. A temporary total evaluation presupposes an underlying service-connected disability. At the time of the Veteran's alleged convalescence, the Veteran's disability was not yet service connected. Further, as of the date of this decision, the Veteran has also not filed a notice of disagreement as to the effective date assigned for his coronary artery disease disability as found in the August 2020 rating decision. Continued on Next Page For these reasons, the Board finds that a temporary total evaluation is not warranted as entitlement to a temporary total evaluation must be denied as a matter of law. Romina A. Casadei Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Lee Feldman, 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.