Temporary 100% Disability Requiremnts

[bigdave]

I have a 20% disability rating for a service connected shattered right wrist back in 1981. I started having severe pain in the hand about 3 months ago and all of my fingers are pretty much numb 24/7. I went to have tests done yesterday with a neurologist and was told that I had mild carpal tunnel in my left wrist and severe carpal tunnel in the right hand, the one that gives me the disability rating. He said that surgery is highly recommended and that normal recuperation timeframe is about 3 months and definitely in a cast for longer than 30 days. I asked if it was considered part of my service connected disability so I could find out about receiving a temporary 100% rating during the convalescing period. He said it is not his place to make that determination and more than likely would be a situation that would not probably be known if it was or wasn't. Who does make that decision, and if it is determined as service connected, do I meet the eligibility requirements for the temporary rating. While I was at the facility I did go and see the VOC, who said that I would never qualify for the 100% as it was just one hand. He had me fill out a form for an increase of disability percentage, but nothing related to the temporary disability increase. He insisted that there was no temporary increase for my situation even though he said that it is definitely service connnected because it is the same hand that was shattered. I left his office 100% convinced that he didn't know or didn't understand what I was asking. So who decides if it is service connected, and if it is do I qualify for the temporary increase.

[meghp0405]

If a veteran has surgery on a service connected disability and the recovery period is 21 days or longer the veteran is entitled to the temp 100% You stated you had 20% on your wrist. Then, it's service connected. is this your dominant hand?

[bigdave]

Yes, it is my dominant hand that was injured

[JT24usn]

Meg. He is sc for shattered wrist. Not carpal tunnel. Now I don't know what his rating is, but maybe he could file and try. 21 days is paragraph 29 (in house hospital stay). Paragraph 30 is convalescence.

What is your rating for the wrist?

Try the TL 11-02. Won't hurt to submit it either way. Tl11-02 is quickpay for sc conditions. Worst they'll do is say no, or consider carpal tunnel as part of the right wrist and go from there. Jmho. Good luck.

http://www.scribd.com/mobile/doc/56836424

Paragraph 30. 38 cfr 4.30

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=5f3d0659a422a7e4753ae31641020d66&rgn=div8&view=text&node=38:1.0.1.1.5.1.98.26&idno=38

Paragraph 29. 38 cfr 4.29. Hospitalization for more than 21 days.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=5f3d0659a422a7e4753ae31641020d66&rgn=div8&view=text&node=38:1.0.1.1.5.1.98.25&idno=38

[bigdave]

My rating for the wrist is 20%. Who will be the deciding person in determining if it is or is not part considered to be service connected? My GP?

[carlie]

My rating for the wrist is 20%. Who will be the deciding person in determining if it is or is not part considered to be service connected? My GP?

NO - not your GP - a VA decision maker will decide the claim.

[bigdave]

How does the VA decision maker decide the claim? The doctor that gave me the tests said that there was probably no way of determining whether the service connected injury was a cause for the severe carpal tunnel or not.