Cfr 4.28

[Rockhound]

My question deals with CFR 4.28 Since I was Hosptialized for a continues period for about three months in a US Navy Hospital prior to being sent to a VA Hospital for further treatment and observation while awaiting my medical discharge from the Navy.

Since I was continuesly hospitalized for this length of time and was for all reasons and purposes hospitalized up until my medical discharge from the Navy, shouldn't I have met the standard for a prestabalization rating for at least a period of one year from seperation? My claim was adjudicated prior to one year and was denied for SC. Although the regs sudjest that the prestabilization rating should have remained in effect until the end of the one year as per the regulation.

Any comments or questions would be most appreciated.

Rockhound Rider :P

[Wings]

My question deals with CFR 4.28.

Since I was Hosptialized for a continues period for about three months in a US Navy Hospital prior to being sent to a VA Hospital for further treatment and observation while awaiting my medical discharge from the Navy.

Since I was continuesly hospitalized for this length of time and was for all reasons and purposes hospitalized up until my medical discharge from the Navy, shouldn't I have met the standard for a prestabalization rating for at least a period of one year from seperation? My claim was adjudicated prior to one year and was denied for SC. Although the regs sudjest that the prestabilization rating should have remained in effect until the end of the one year as per the regulation.

Any comments or questions would be most appreciated.

Rockhound Rider B)

IMHO, yes, definately, Section 4.28 would apply. ~Wings

[Mcafee]

Well if I may ask also I spent 50 days in Hospital while on Active duty.Is there a time frame for this regulation to apply?

[Rockhound]

Berta: might you have an opinion as to the viability of a CUE claim for not considering and/or applying CFR 4.28?

Rockhound Rider :P

Edited October 21, 2008 by Rockhound

[Berta]

http://74.125.45.104/search?q=cache:xcwtS5...us&ie=UTF-8

Prestabilized rating regulations-

they apply to:

"Prestabilization ratings under 38 CFR 4.28 are provided to assure earliest payment to those veterans separated from service with a significant disability at a time when they are most likely in need and least likely to be self-sufficient"

'significant disability' is a key phrase here and it must be a fully compensable disability.

The VBM (NVLSP) states that these ratings are either 100% or 50%.

The 100% prestabilized rating would be from un"unstabilized condition incurred in service resulting in "Severe disability" and they use examples as residuals from multiple GSWs or serious other head injury trauma.Such as suffered in inservice vehicular accident.

50% is awarded for mental disabilities such as what many Iraq veterans get now if they obviously had mental disability in service.

The regs provide that where the evidence in service warrants the 100% rating, the VA must consider that rating if the 50% rating would be obviously too low.

The 50% can then be assigned in some cases the higher 70% rating which could ultimately award these veterans TDIU.

[Rockhound]

Another dead end I guess. I got a 0% from the Navy because they said the VA would take care of me, that is why they transfered me to a VA hospital for further treatment and observation, because I wasn't OK then and because it was closer to my mother and family members, since my father had just past away. The VA did nothing in the 12 days they said I spent as an inpatient except the normal intake procedure and I certainly didn't get any further treatment nor observation because most of the time I spent at home on convelescent leave to be with my greiving mother.

So I recon this is another dead end. They didn't even do anything to assess any residuals for my head injury either. That's how the VA looked after the Veteran back then. Kick them to the street and hope they go away, which is pretty much what I did, because I had to survive. It was easy to just forget about my problems when you had a grieving mother to look after.

God I get so angry when I have to look back to those times, I can honestly say now, it is time like this that my paranoia is most prevelent and the voices tell me it is time to do something so the VA will stop messing with my mind. I'm glad over the years I have been able to disapplen myself at times like this to seek help and/or that it triggers me to take the extra medication I am allowed to take. It's such a wonder how I made it this far when I didn't have the medication to help me, of course I wasn't doing much with my claims then and at least when things did start to get out of control I did seek out help and did get medication, even if it was for a short time then. Now I am a prisoner to my meds and to not take them could well end disastraously.

I'm also glad it's one of those days I am going into the VA hospital, even though it is just to turn in the banking info for my award so I can get direct deposit for it.

As you guessed it, not a good night last night, little or no sleep, I couldn't tell, maybe that person or persons unkown in my head would have known, if he wasn't so intent on wanting me to someone.

Don't worry, not there yet. got to go

Rockhound Rider :P :P

[jbasser]

Hey Jim. Did you get your hands on the Nurses notes from your admission? It may just break it open.

J