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    • No not on their own but if they cause you pain, then you can have them removed.  Trust me I know....I have had the surgery twice to include an anal fissure and it's no fun but I am glad I did the surgeries so I don't have to live with the hemorrhoids. You should have been seen by a GS or Proctologist for the hemorrhoids.  They have to determine the severity of them based on the S/C % that is allowed.
    • Go the VBA at your local VA Medical Center and ask for a copy of the C&P exam.  The contracted examiner will not give you a copy of it.  They are contracted with the VA and that is who they will get the exam back to....
    • I was thinking she wants her EED to be correct, as stated she is 50%S.C....Awarded in 2015  but EED dates back to when she was Diagnosed BY va Dr ...in 2009. I am completely lost in this post? she was S.C.in 2015 &Awarded 50%PTSD...if this veteran was denied or was lowballed for rating and S.C. in 2015...How will filing NOD Help? 2009-2015 is close to 6 years timeline to file the NOD 1 YEAR..unless she has been in Appeals all this time? RECONSIDERATION OR REVIEW? of claim back in 2009? for Correct EED? OR for increase in rating?
    • You need to hold the VA accountable.  They have to rate you on "criteria".  The criteria for SC is always the Caluza Triange:  1.  Current diagnosis.  BY A DOCTOR, (or competent medical professional, such as a NP).  Not a rater, shoe salesman, or  GS8 rating specialist.  The rating specialist does not "add to" or alter the doctors criteria, he is not competent to make a medical opinion.   2.  In service event or aggravation. 3.  Nexus, or medical opinion's link between 1 and 2.   Whether you have purple hair, drive a pink mini bus, or Voted for Trump is irrelevant.  If you meet the criteria above, you get SC.  The rating specialist can not decide the doc did not do a good job examing you based on the doc diagnosing you when you only met part of the criteria.  This is a judgement call made by doctors, not rating specialists.  

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evandc

21 Days In Hospital Rule

9 posts in this topic

Have vet friend that was in VA hospital in March-April 2011 for PTSD. She is S/C for Anxiety. Applied for the 21 days in hospital & she was turned down because she was admitted for PTSD and not anxiety. I was going to copy 38CFR CH.1 4.29 and pass it along to her. I have 7-1-11 Edition & I'm having a problem. Before it read something like "be admitted for what you are S/C for or TREATED FOR WHAT YOU ARE S/C FOR". Now reading different "total disability rating (100 percent) assigned...it is established that s/c disability has required hospital treatment..in excess of 21 days." Question has this rule changed to drop the part about "treated for what you are s/c"? If it changed was she in hospital before it changed? Just passing along to help this vet..and never know why she didn't get connected for PTSD..but that's another thing.

Thanks,

Don

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The VA only rates the highest (or worse) mental condition to prevent pyramiding. In my case I am rated for Bi-Polar, but was also diagnosed with PTSD. This last time I saw my Social Worker, she asked me if I was also diagnosed with PTSD and I told her I was, but it was a long time ago in a different RO. She told me that she wondered, because she couldn't find it in my notes. I guess I will have to look through my c-file to find it, because they have asked me to attend PTSD treatment in the past.

Makes one wonder if they are deleting PTSD diagnoses, with the new PTSD regulations...

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".and never know why she didn't get connected for PTSD..but that's another thing."

Was she admitted specifically for the 21 day inhouse PTSD program?

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What is her current percentage of SC ?

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Was in program for PTSD more than two months. She has 90% S/C think 70% of it Anxiety. Pending TDIU..already has Ssd.

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Let me see if I understand this correctly

veteran is rated for anxiety.

veteran is admitted to hospital for 21 days for non-service connected PTSD

Veteran is seeking temporaty 100% for the 21 day hospital stay

No the veteran would not be entitled to the temporary 100% because the conditon for which treatment was required was not service connected. The one exception is listed below:

Even when hospital admission is for a nonservice-connected (NSC) disability, hospitalization benefits are payable if, during the hospitalization, treatment for an SC disability is initiated and continues in excess of 21 days.

Now If the claim for service connected is pending and later awarded then it is possible the veteran could receive the temporaty 100% rating based on the hospitalization.

The following is a September 5, 2008 change......

a. When to Assign a Hospitalization Rating

Provided a total, 100-percent rating cannot be assigned under other provisions of the rating schedule, assign a temporary 100 percent evaluation under 38 CFR 4.29 for

  • periods of hospitalization in excess of 21 days for medical treatment of an SC disability, or
  • a disability for which compensation is payable under either 38 U.S.C. 1151 or 38 U.S.C. 1160.

b. Granting Hospitalization Benefits When Admission is for an NSC Disability

Even when hospital admission is for a nonservice-connected (NSC) disability, hospitalization benefits are payable if, during the hospitalization, treatment for an SC disability is initiated and continues in excess of 21 days.

Reference: For more information on hospitalization ratings when admission is for treatment of a NSC disability, see 38 CFR 4.29(b).

Edited by Teac

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