Hosptial Stay

[basham]

I was in the VA hospital for 6 moths in 2009-2010 is there a claim or form i can get some type of pay. I heard that you are suppose to get 100% disability while you are there. Please help me to find out is there paperwork or what. 3 months out the time there was know claim and 3 months claim was in. Thank you, also do i have a limit with how many questions i have posted?

[basham]

Was there a break in between the 6 months stay in the hospital? They will try and exclude you for some of the time...I know a vet who was in for almost 2 months and they only paid him for 1 month. Regs state past 21 days in a month it starts...continuous...Do you use a VSO to help with your claims?

[Berta]

Allan posted the link to the Temporary Total Hospitalization regs here:

I am surprised that the VA hospital didn't file this claim for you.They always do for vets in the 21 day inhouse PTSD program

I was unable to find any forms this type of claim can be applied for on.

I suggest that you get a hold of a vet rep to help you with the proper form.

Also, I assume you are not employed, and if not the rep should help you to apply for TDIU.

If the VA awards the temp comp , they will deduct that from any future TDIU award.

What I mean is they wont pay twice for the same month of comp because the Temp Total is te same as TDIU for any month you are eligible for it.

The convalesence regs are a little different but a vet rep can help with that.

Do you get SSDI?

Is it solely for the schozophrenia?

If so by all means let the VA know that.And let your rep know that too.

[carlie]

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d6bae90d348cec6e83c73cbd29d33706&rgn=div8&view=text&node=38:1.0.1.1.5.1.98.25&idno=38

§ 4.29 Ratings for service-connected disabilities requiring hospital treatment or observation.

A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established that a service-connected disability has required hospital treatment in a Department of Veterans Affairs or an approved hospital for a period in excess of 21 days or hospital observation at Department of Veterans Affairs expense for a service-connected disability for a period in excess of 21 days.

(a) Subject to the provisions of paragraphs (d), (e), and (f) of this section this increased rating will be effective the first day of continuous hospitalization and will be terminated effective the last day of the month of hospital discharge (regular discharge or release to non-bed care) or effective the last day of the month of termination of treatment or observation for the service-connected disability. A temporary release which is approved by an attending Department of Veterans Affairs physician as part of the treatment plan will not be considered an absence.

(1) An authorized absence in excess of 4 days which begins during the first 21 days of hospitalization will be regarded as the equivalent of hospital discharge effective the first day of such authorized absence. An authorized absence of 4 days or less which results in a total of more than 8 days of authorized absence during the first 21 days of hospitalization will be regarded as the equivalent of hospital discharge effective the ninth day of authorized absence.

(2) Following a period of hospitalization in excess of 21 days, an authorized absence in excess of 14 days or a third consecutive authorized absence of 14 days will be regarded as the equivalent of hospital discharge and will interrupt hospitalization effective on the last day of the month in which either the authorized absence in excess of 14 days or the third 14 day period begins, except where there is a finding that convalescence is required as provided by paragraph (e) or (f) of this section. The termination of these total ratings will not be subject to §3.105(e) of this chapter.

(b) Notwithstanding that hospital admission was for disability not connected with service, if during such hospitalization, hospital treatment for a service-connected disability is instituted and continued for a period in excess of 21 days, the increase to a total rating will be granted from the first day of such treatment. If service connection for the disability under treatment is granted after hospital admission, the rating will be from the first day of hospitalization if otherwise in order.

© The assignment of a total disability rating on the basis of hospital treatment or observation will not preclude the assignment of a total disability rating otherwise in order under other provisions of the rating schedule, and consideration will be given to the propriety of such a rating in all instances and to the propriety of its continuance after discharge. Particular attention, with a view to proper rating under the rating schedule, is to be given to the claims of veterans discharged from hospital, regardless of length of hospitalization, with indications on the final summary of expected confinement to bed or house, or to inability to work with requirement of frequent care of physician or nurse at home.

(d) On these total ratings Department of Veterans Affairs regulations governing effective dates for increased benefits will control.

(e) The total hospital rating if convalescence is required may be continued for periods of 1, 2, or 3 months in addition to the period provided in paragraph (a) of this section.

(f) Extension of periods of 1, 2 or 3 months beyond the initial 3 months may be made upon approval of the Veterans Service Center Manager.

(g) Meritorious claims of veterans who are discharged from the hospital with less than the required number of days but need post-hospital care and a prolonged period of convalescence will be referred to the Director, Compensation and Pension Service, under §3.321(b)(1) of this chapter.

[29 FR 6718, May 22, 1964, as amended at 41 FR 11294, Mar. 18, 1976; 41 FR 34256, Aug. 13, 1976; 54 FR 4281, Jan. 30, 1989; 54 FR 34981, Aug. 23, 1989; 71 FR 28586, May 17, 2006]

[basham]

Was there a break in between the 6 months stay in the hospital? They will try and exclude you for some of the time...I know a vet who was in for almost 2 months and they only paid him for 1 month. Regs state past 21 days in a month it starts...continuous...Do you use a VSO to help with your claims?

There was know break in my stay and i dont have anyone helping me with my claim, they want me to choose between DRO, Reconsideration or a Traditional appeal. For seven months i thought the were doing a reconsideration along with a unemployabilty. I kept telling them a reconsideration was in, They even sent me a letter saying they were working on the reconsideration. I keep calling 800 number. They started mixing me up. All i knew is that it would be crazy to do an appeal when I could do a reconsiderationl. I had 18 months of doctor care notes, weekly visits from a nurse, and my condition had worsen. That had not been reviewed. so thats why i did the reconsideration, They have everything in hand now even SSD notes. They sent out the form to my last employer, he has sent it back in and there is nothing eldedse to submit. They are just waiting on me to tell them what i want to do. I took a hearing again and my hearing is off the chain ,did C&P for ears doctor says it would cause me problems in some jobs. I also had a new C&P for mental illness, the doctor agreeded with the the doctor recommendations of unemployability and the incompency...... do you know what will be best for me to do....Basham

[Berta]

."

I also had a new C&P for mental illness, the doctor agreeded with the the doctor recommendations of unemployability and the incompency...... do you know what will be best for me to do....Basham "

Do you have a copy of that C & P result?

It is possible that a favorable TDIU award-which I hope you get-will cover the temp comp for the hosp and convalesence as TDIU for those months anyhow.

"They are just waiting on me to tell them what i want to do."

This is confusing- what was the date of the decision you asked them to reconsider?

Have you recently received a SOC and an election form for DRO etc?

When was the recent MH C & P done?

Sorry for these questions- but this is getting confusing to me----

I feel you need to get a vet rep to help you on this.

"They started mixing me up"

"All i knew is that it would be crazy to do an appeal when I could do a reconsiderationl. I had 18 months of doctor care notes, weekly visits from a nurs etc."

Yes they did something like that that to me on a reconsideration request.I agree with you that a reconsideration request can sometimes resolve all the issues. If someone at the VARO is literate enough and willing to work on it.

Do you have a TDIU claim pending that is separate from the reconsideration request? And did the VA contact your employers recently?