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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Married Disabled


Question

I have searched the web and it seems regulations I could find before are hiding from me, but I have never found this one.

Could someone please tell me where I can find the regulations concerning pay of two married disabled veterans?

While I am at it, I guess I will ask for the one that now appears elusive. I found on the web a while back the pay instructions for someone with a 21 day certificate or convelescing from surgery that pay was to be effective the day of discharge or date of surgery to be prorated. Now I can't find it. I have looked in the Chapter 38 regulation, but that isn't instructions for pay. These were actually telling the VA employee how to figuer it.

Thank you.

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  • HadIt.com Elder

Everything you need to know should be found here on the 21 day and the convalesense comp:

http://64.233.167.104/search?q=cache:xcwtS5OE27YJ:www.warm

It is my understanding that two married disabled veterans are technically dependents of each other so that would be part of their comp and added into each check-

at least if I ran the VA I would do it that way.

I am not sure and have not found that reg yet- maybe someone else knows better on that ----

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  • HadIt.com Elder

M21-1MR, Part IV, Subpart ii, Chapter 2, Section J

M21-1MR, Part IV, Subpart ii, Chapter 2, Section J

11/26/02 M21-1MR, Part IV

Section J. Compensation Under 38 CFR 4.28, 38 CFR 4.29, and 38 CFR 4.30

Try

http://64.233.167.104/search?q=cache:xcwtS...us&ie=UTF-8

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Thank you for the link. It was a little more specific than what I was currently running across. Wish I could find those prorating instructions though.

Still, my interpretation of the information on the link you provided is that the effective date is the date of discharge or outpatient surgery (which is the one that applies in this situation). So, he should go to the 100% for a previous SC disability as of the date of surgery, not the following 1st of the month.

Thank You.

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  • HadIt.com Elder

The VA pays two types of awards-

any 21 day or longer VA hospitalization for a SC condition

(to include the VA's In House 21 day PTSD Treatment Program)requires the VA to pay 100% comp for the full month that includes the 21 day stay.

The VA will also pay a convalescense rating as defined within 38 CFR 4.16

we have links to these regs here and also try Temporary 100% Ratings based on Convalescence (TDCC) in our search or topics feature where I posted them already-

A TDCC rating requires one of the criteria listed -effective from date of admission and usually the limit to this benefit can be extended as the regs show- with medical evidence requiring further TDCC rating.

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