rattattat Posted June 28, 2008 Share Posted June 28, 2008 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 Link to comment Share on other sites More sharing options...
vaf Posted June 29, 2008 Share Posted June 29, 2008 [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] Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted June 29, 2008 HadIt.com Elder Share Posted June 29, 2008 I believe the hospital stay needs to be 22 days, in order to be rated 100% for the stay. pr Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted June 29, 2008 HadIt.com Elder Share Posted June 29, 2008 Don't forget that you can collect 100% while you recover from Hospital stay which could be months. Link to comment Share on other sites More sharing options...
rattattat Posted June 29, 2008 Author Share Posted June 29, 2008 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 Link to comment Share on other sites More sharing options...
vaf Posted June 29, 2008 Share Posted June 29, 2008 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. Link to comment Share on other sites More sharing options...
vaf Posted June 29, 2008 Share Posted June 29, 2008 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. Link to comment Share on other sites More sharing options...
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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
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