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Va Disability Compensation

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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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You may run into a problem with this claim due to the extended timeframe. As an example, if you will take a look at the rating schedule a vet who suffers a stroke is authorized a 100 percent rating for 6 months. However, if the claim is being filed more than one year after the stroke the claim will be denied as the VARO's have this "rule of thumb" that the claim had to have been filed no more than one year after the occurance of the stroke.

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I wasn't rated at the time (original claim 2006). The military went back and gave me an earlier (1988) effective date. Surgery 1994. I am just trying to figure out how to submit the info, do I file another claim or just send in the medical evidence and send it to whom?

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I wasn't rated at the time (original claim 2006). The military went back and gave me an earlier (1988) effective date. Surgery 1994. I am just trying to figure out how to submit the info, do I file another claim or just send in the medical evidence and send it to whom?

Since this is a much dated claim you would simply file it as you do with any other claim. Simply tell them you are claiming the 100 percent con rating for the time period xxxx because of xxxxxx and attached your medical evidence which should include a statement from a doc (at the time) that he is putting you on a Convalescent status from xxxx to xxxxx.

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