12-13 510, 12-13 510

Veteran served on active duty Oct 1966–Aug 1968 and is service-connected for De Quervain's tenosynovitis of the left thumb, status post tendon release, with scar and associated Type II diabetes mellitus.
Surgery performed on October 28, 2010 (release of extensor tendon to the left thumb); post-op records show wrist/hand immobilization, splint/dressing, pain, swelling, and limited motion.
Veteran sought a temporary total disability rating for convalescence based on the October 28, 2010 surgery; in his notice of disagreement he sought only one month.
Applicable regulation: 38 C.F.R. § 4.30 allows a temporary total rating for 1–3 months following surgery when therapeutic immobilization or significant postoperative residuals exist.
Medical records showed immobilization and early postoperative complaints but rapid improvement: by November 2–10, 2010 the Veteran reported marked improvement, healed incision, minimal edema, and initiation of range-of-motion exercises.
The Veteran was already receiving a total disability rating based on unemployability prior to the surgery (effective July 29, 2010), so additional monetary impact was likely minimal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to temporary total rating for convalescence after Oct 28, 2010 surgery	One-month temporary total rating warranted due to post-op immobilization, pain, swelling, limited motion	No entitlement beyond what RO previously recognized; medical record does not support more than one month	Granted one-month temporary total rating for convalescence

Seals v. Brown, 8 Vet. App. 291 (1995) (medical notations of incapacity to work after surgery are relevant to § 4.30 evaluations)
Felden v. West, 11 Vet. App. 427 (1998) (confirming consideration of postoperative incapacity in § 4.30 claims)