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Temp 100% Question

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Cm Burns

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I wanted to other than being and inpatient do you get the temp 100% if you doctors puts you on family medical leave for your service connected illness. My friend has been home for 5 mos due to her illness that is secondary to her service connected issue. She is out of leave and we are looking for options to help her get the temp 100% does your doctor putting you on leave and not letting you return due to your illness count toward the temp 100% rule

Claim 1 & 2 /w pension Filed 10/23/2009 CnPs- Dec Phase 10/1/2010 Notification 10/12/2010 Closed 10/15/2010

Claim 3 Filed June 23,10 CNPs- Jan 2011 Dec Phase- Mar 2011 Notification- May 2011 Closed My 2011 (CLAIM DENIED)

Claim 4 Filed June 13,11 cnps-Na Dec Phase- Aug 2011 Notification- ...

Voc Rehab Claim Filed July 2011 Orientation-17 Aug 2011 Found Entitled- 17 Aug 2011 Classes paid- 19 Aug 2011 First Stipen Check- ...

***Under Ga VARO from 2009 - Until Present***

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I cant determine from your post if she is eligible for an extensive of the Temp 100%-or if,in fact, she has received some temp 100% comp.

These are the regulations she has to fit into -to meet both 100% temp and extended convalescnce compensation:

"A total rating will be granted following hospital discharge,

effective from 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 if the hospital treatment of the service-

connected disability resulted in: (1) surgery necessitating at

least one month of convalescence; (2) surgery with severe

postoperative residuals such as incompletely healed surgical

wounds, stumps or 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); or (3) immobilization by cast, without surgery, of

one major joint or more. Following the temporary total

disability rating, the disability will be rated by the

appropriate schedular evaluation. 38 C.F.R. § 4.30 (2010)."

"The total rating will be followed by an open rating reflecting

the appropriate schedular evaluation. A total rating may be

extended as follows: (1) extensions of 1, 2, or 3 months may be

made beyond the initial 3 months under all three provisions

identified above; and (2) extensions of 1 or more months up to 6

months beyond the initial 6 months period may be made under only

the "surgery with severe postoperative residuals" and

"immobilization by cast" provisions. See 38 C.F.R. § 4.30(b)."

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I was researching this and came across this topic.

How and who do you file this with?

From the time you submit it how long does it take to get a finalization answer?

Edited by rpowell01
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