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

[Rockhound]

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

J

jbasser: If you mean from the VA hospital I was transfered to, NO! I only have the Hospital Summery notes which only speaks in general terms, ( such as did neurological examination was essentially negative). They did not specify any specific types of tests the exam went into like my summery note from the Navy medical board did and the most resent neuropsychological tests I took. They explaind what tests were involved and their results.

I was at the VA hospital today to talk with my VSO about my banking infor, not realizing I didn't have to fill out a form, that I only needed to call and give them the right information and such. While I was their I went to my medical team and put in a request for a neurologist consult, so I got that in the works.

The only bad thing was when she asked me a question about my Dr/PCP assigned to me, it was a different DR. yet again and this time they gave me a male Dr. even after I made a formal request to only be assigned a female Dr. because I have a fetish, phobia or something when it comes to male Dr.'s poking and proding me. It only seems to be with male Dr's that I have to work with as closely as one would with a PCP and one such as a Psychiatrist. although I have had some bad time with some specialists, for the most part, I only see them maybe once or once a year, so I manage it ok. But It was upseting all the same, since I thought I had already been assigned a female Dr. when I had my followup from my Labor Day Hospital stay for a bacterial infection of the small colon.

NO! the answer is no, I do not have any nursing notes that go back that far, even for sick call and similiar notes for during the time I was in the service.

Rockhound Rider :P

[jbasser]

From any stay in a VA hospital these notes are of the record. They must be specifically asked for on the FIOA form.

It may open doors for you.

[Mcafee]

Hello All Hope All Is Well. This is exactly what i need to show CUE.This has been in place since 1970 and was never applied by BVA nor VARO Thank You all.