tdiu Entitlement

[JON]

For Berta or anyone who can help. I am TDIU, 70% schedular. I have prostate cancer already service connected. My PSA is up and other bladder problems as a result of prostatectomy. They are taking out my bladder next month and we have service connection. My question is: I already am 60% for urinary dysfuntion(over 5 pads a day). Once they take the bladder, I will be on an appliance, which is also 60%(but will drop the 5 pads a day). I believe I should be eligible for another smc(for loss of bladder). Then would I be bumped up any schedular for the bladder loss?

I believe it might be stacking because of the 40% already for over 5 pads a day which will be eliminated by bladder loss. Any comment or help please

[Pete53]

Jon:

First of all you will be in my prayers to guide the surgeons to do an optimum job and your quick recovery.

Are you able to work? I would think that you should at least get 100% while you recover from your surgery.

[kw34]

I am not quite sure what you are asking but i thought of this after reading pete53's comment. I thought this might help also if you have an extended stay in the hospital see 4.29. Good luck and a speedy recovery!

§4.30 Convalescent ratings.

A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a)(1), (2), or (3) of this section effective the date of hospital admission or outpatient treatment and continuing for a period of 1, 2, or 3 months from the first day of the month following such hospital discharge or outpatient release. The termination of these total ratings will not be subject to §3.105(e) of this chapter. Such total rating will be followed by appropriate schedular evaluations. When the evidence is inadequate to assign a schedular evaluation, a physical examination will be scheduled and considered prior to the termination of a total rating under this section.

(a) Total ratings will be assigned under this section if treatment of a service-connected disability resulted in:

(1) Surgery necessitating at least one month of convalescence (Effective as to outpatient surgery March 1, 1989.)

(2) Surgery with severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of one major joint or more, application of a body cast, or the necessity for house confinement, or the necessity for continued use of a wheelchair or crutches (regular weight-bearing prohibited). (Effective as to outpatient surgery March 1, 1989.)

(3) Immobilization by cast, without surgery, of one major joint or more. (Effective as to outpatient treatment March 10, 1976.)

A reduction in the total rating will not be subject to §3.105(e) of this chapter. The total rating will be followed by an open rating reflecting the appropriate schedular evaluation; where the evidence is inadequate to assign the schedular evaluation, a physical examination will be scheduled prior to the end of the total rating period.

( A total rating under this section will require full justification on the rating sheet and may be extended as follows:

(1) Extensions of 1, 2, or 3 months beyond the initial 3 months may be made under paragraph (a)(1), (2), or (3) of this section.

(2) Extensions of 1 or more months up to 6 months beyond the initial 6 months period may be made under paragraph (a)(2) or (3) of this section upon approval of the Veterans Service Center Manager.

[41 FR 34256, Aug. 13, 1976, as amended at 54 FR 4281, Jan. 30, 1989; 71 FR 28586, May 17, 2006]

Edited August 12, 2009 by kw34

[JON]

Ok guys, thanks. I am having a hard time getting out what I need due to meds. I am already receiving TDIU (not employed). I know I also will be 100% while in hospital and recovering. Will my schedular rating increase? I already have 60% for using 5 pads daily as a result of prostatectomy. I will have an appliance after surgery that is also worth 60%. Will they add the 60% for the appliance to the 60% I already have? Maybe that would put me over 100% schedular. Thanks for kind words and support.

[Ricky]

Jon, God bless you - hang in there. You will only receive the one rating as it is the same system so your rating will remain at one 60 percent.

Since you are already drawing 100 percent TDIU there will be no 100 percent temp rating as it will be considered a moot point.

Good luck on the operation and remember we will have you in our prayers.

Ricky

[JON]

OK, how about loss of organ? Will that be an additional SMK?