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Va Disability Compensation


kookiebean2001
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What actual information is required in for a Conalescent rating. I had surgery for my service connected claim back in 1993, didn't file at the time. Had outpatient care, bed rest for 3 months. I have the doctor's note stating as such, surgery failed. Had followup care for about another 6 months until I got better.

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

(:D 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]

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Any help in this area would be appreciated:

I know someone has recieved a Convalescent rating in the past.

What actual information is required in for a Conalescent rating. I had surgery for my service connected claim back in 1993, didn't file at the time. Had outpatient care, bed rest for 3 months. I have the doctor's note stating as such, surgery failed. Had followup care for about another 6 months until I got better.

§ 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 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]

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  • HadIt.com Elder

this realy depends on what kind of surgery and what body part was affected, so more info is needed.......1993 is a strech but not impossible if the VA was notified at the time.

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  • HadIt.com Elder

Kookie, was your va disability rated at that time or is this a recent % rating on your back? I wonder sometimes the same thing but don't think the VA will backdate without tightly following their regualations, especially previous regulations back to that time period. Good luck on your research for the possiblility.

Just a note...........

Was told recently by doc to check with eligibility office before getting private care, Even if one has insurance and has contacted/contracted with a private doctor, as explained to me, vets need to ask for what specialists needed. Then the va clinic has 'cannon fodder' to hire that particular specialist at the med center. Of course, without trying this approach, I'd not bring a lit candle to close, it may flame out once mentioned! Ha.

Personally I do not know or believe this will work as simply stated here. Again, I was told there is no reason a vet has to wait months to see a specialist and should request 'outside care' as needed.

Best of luck and who knows, reimbursement may really be possible! yay.

cg.

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I have other posts regarding this issue but here it goes.

I was recently awarded a claim going back 20 years. So I guess this is a recent rating decision. During that time I have surgery (corneal transplant) and was out for 3 months. The transplant rejected and I had stiches in my eye for 1.5 years and could not see properly (or returned to my best corrected/post operation vision) until after they were all removed. I didn't know what they would grant me and how to proceed. My Veteran Service Office and the service organization working with me haven't really helped. Both thought I would never will my case.

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My claim has been awarded and closed and they missed this part of my claim. What form do I need to submit for a temporary 100% disability rating for a surgery? Someone told me the answer before but I can't find it.

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