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Question On Convolesenace Pay After Surgery


Hello I am SC for Back issue DDD. I had Surgery on my back for 3 level lumbar fusion. I put in for the Convo since I had filed a claim for IU two yearsprior to it as my back had gotten worse and it got so bad I had to have surgery it was effecting my ability to control my bladder. The surgery fixed it but still have nerve damage down both legs and feet. I was approved for Surgery through the VA so that I could get it done outside the VA so I had it done but used my Insurance as the VA drug its feet never would return my calls. I am now under the civillain Surgeon care who wrote a letter with the records of the surgery and that in his opinion I would be under his care for atleast 18 months as the artheritis is severe in my back that is also a factor from my SC DDD. I had this put into writing so that I had an ongoing claim with the VA for artheritis secondary to my SC back injury. I like a lot of others are in the hole financaily my wife has lost so much time for the surgery and having to stay out of work even 3 months after the surgery I am stilll unable to dress myself or get around in out of bed without help and showering. I had a Primary care appointment today and my VA Doc told me he looked at notes and was surprised that I had not heard anything about the Convolesance pay until they made a descion on the IU. Any ideas on how long it takes to have the claim go through for the Convolesance pay just to get some relief with my house being behind as well as many other bills?

I put in May of this year all records are recived but are they waiting to adjudicate all claims? I also put in for the hardship claim as my wife has and still losses time from work having to help me I am still falling when the back spasams hit me. I asked the civilian surgeon who has took care of my back since 2001 and he wrote that my back is 20 years advanced my age due to the state of artheritis secondary to the Degenarative Disc Disease has done to me. I just turned 45 this sucks I am also 80% total with several claims being 60% 30% 10% 10% 10% and several 0% so this is my rant sorry just wanted to lay it out. I understnad that I could be a lot worse but money problems compund the pain and general mood around the house that affects everyone. I have had a vehicle reposessed but heck I am unable to drive it the way the Meds leave me all drugged up. If I do not take them to drive to the Doctor I am in pain and it is just not worth it. Adios and anyone with suggestion on what if any thing I can add please advise I know things are bad everywhere but some relief would help. Thanks you vets on this board are about the only ones who understand what I am into.

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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 Adjudication Officer.

Read more: http://cfr.vlex.com/vid/4-30-convalescent-ratings-19774382#ixzz0wwCp6lpX

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Thanks I will ask the powers that be today what the deal is as I have to be down in Columbia to see about getting me something like a hanging bar or something to help me get out of bed when I do not have no one here to help. I can always slide on my flip flops by using my feet but flip flops in the winter sounds like the title to a book if it was not true. Adios and thanks for the regs I am sure I made the cut on them. Have a good day...

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