Hospital Stay

[rattattat]

Where can I find the regs about hospital admissions for a service connected disability? Specifically about being paid at the 100% rate.

I seem to remember there is a certain length of time you must stay in the hospital, but I can't remember much else.

Just point me to where to look in the regs.

Thanks,

Sandy

[vaf]

[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.30]

[Page 379-380]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A_General Policy in Rating

Sec. 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

[[Page 380]]

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 Sec. 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 Sec. 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 physcial examination

will be scheduled prior to the end of the total rating period.

(B) 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]

[Philip Rogers]

I believe the hospital stay needs to be 22 days, in order to be rated 100% for the stay.

pr

[Pete53]

Don't forget that you can collect 100% while you recover from Hospital stay which could be months.

[rattattat]

Thanks for the help.

Dave had surgery May 1, 2008 for a service connected disability.

He has had a worsening of the condiditon since surgery. He is now back in the hospital for further treatment of this condition, and he damn near bled to death during treatment. He kept complaining of being weak and dizzy, his blood pressure was 99/54, and they just blew him off until he started demanding a doctor. To make a long story short he got a blood transfusion (2 pints) and now lab work and blood pressure is in a normal range.

He won't be in the hospital any longer than ten days, but under the regs could he claim 100% for what has hapened so far? I am confused about what to do.

Any thoughts would be appreciated.

Thanks,

Sandy

[vaf]

Sandy, does your husband have a veterans service officer helping him with his VA stuff, or are you guys handling it on your own? And no, your husband doesn't have to be in the hospital the entire period of his convalescence to qualify for the 100% temporary rating for convalescing during treatment of a service-connected disability.

You will need copies of all his treatment records related to this surgery, including pre-operative, operative, and post-operative records. That's true for whether he had his surgery in a civilian hospital or a VA hospital. You can file a claim not only for the 100% convalescent period, but also for an increase in his disability rating for that condition for which he underwent surgery.

We can either walk you through the process here, or you can get assistance from a VSO if you use one.

[vaf]

In my husband's case, his surgeon wrote a letter stating that my husband would be convalescing for at least a month (31 days), and that the doctor would provide a written release from care at the appropriate time. You could use something of that nature as evidence for applying for the temporary 100% rating during convalescence leave, but be mindful of the regulation I provided regarding the minimum period required.