Citation Nr: 22012147 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 19-21 338 DATE: March 2, 2022 ORDER Entitlement to a temporary total evaluation because of hospital treatment in excess of 21 days pursuant to 38 C.F.R. § 4.29 is granted. FINDING OF FACT From March 8, 2018 to April 26, 2018, a period in excess of 21 days, the Veteran's PTSD required hospital treatment in a VA hospital. CONCLUSION OF LAW The criteria for a temporary total evaluation because of hospital treatment in excess of 21 days pursuant to 38 C.F.R. § 4.29 have been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.7, 4.29, 17.30. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 2005 to September 2009 and from January 2010 to June 2011, and has been awarded the Combat Action Ribbon. This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in May 2018 by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in February 2022. A transcript of the hearing is of record. The Board notes that the Veteran has also perfected an appeal as to the issue of the timelines of a March 25, 2019 notice of disagreement. However, as that issue is being processed in the modernized appeals system, it cannot be combined with the instant appeal which is being processed under the legacy system. Instead, the appeal concerning the timeliness of the March 25, 2019 notice of disagreement will be the subject of a separate Board decision issued concurrently with this one. 1. Entitlement to a temporary total evaluation pursuant to 38 C.F.R. § 4.29. A total disability rating (100 percent) will be assigned without regard to other provisions of the Rating Schedule when it is established that a service-connected disability has required hospital treatment in a VA or an approved hospital for a period in excess of 21 days, or that hospital observation at VA expense is required 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). If living in a domiciliary is a treatment requirement, the Veteran is eligible for benefits under 38 C.F.R. § 4.29. VA treatment records and an April 2, 2018 letter from a VA social worker confirm that the Veteran was referred to and admitted to the Denver VA Medical Center's PTSD Residential Rehabilitation Treatment Program on March 8, 2018. The Veteran is currently service-connected for PTSD, and therefore the treatment at issue was for a service connected disability. Id. A certificate associated with the file reflects that the Veteran was discharged after completing the program on April 26, 2018. Thus, the record clearly reflects that the Veteran participated in the program for more than 21 days, and there is no evidence of any absences. 38 C.F.R. § 4.29(a)(1)(2). Treatment records associated with the file reflect that during the Veteran's participation in the program he received daily treatment while residing in the VA domiciliary for his PTSD, including group and individual therapy sessions. Based on the foregoing, and in the interest of affording the Veteran the full benefit-of-the-doubt, the Board finds that the Veteran's service-connected PTSD required hospital treatment for a period in excess of 21 days, and therefore a temporary total rating is warranted in this case. 38 C.F.R. §§ 4.3, 4.7, 4.29. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Wendell, 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.