Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

100% Rating For Operation Or Other Disabilities

Rate this question


maxwell18

Question

Does anyone know anything about being rated 100% due operations or disabilities that you are rated from one month to 12 months, go back to an rating other then 100%. I have researched USC 4.30 and other documentations and cannot figure it out. I was 100% for 13 months for heart problems and pacemaker, but did even know it until I checked my records.

Thanks

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

3 answers to this question

Recommended Posts

The way I understand it, a veteran temporarily rated 100% under 38 CFR, Part 4, Section 4.30 cannot exceed 12 months under this status. After 12 months, the veteran's previous rating goes back into effect, and you would have to apply for an increase in your disability rating to reflect any changes in the rated condition.

If you are unable to work, you would file for TDIU (Total Disability Individual Unemployability).

You should have noticed a difference in your disability compensation during those 12 months, though - - did you?

Edited by Vicki
Link to comment
Share on other sites

The way I understand it, a veteran temporarily rated 100% under 38 CFR, Part 4, Section 4.30 cannot exceed 12 months under this status. After 12 months, the veteran's previous rating goes back into effect, and you would have to apply for an increase in your disability rating to reflect any changes in the rated condition.

If you are unable to work, you would file for TDIU (Total Disability Individual Unemployability).

You should have noticed a difference in your disability compensation during those 12 months, though - - did you?

No I didn't even know about the rating until I got a copy of my records, and it indicated I was 100% for 13 months, I know the limit is 12 months. Did not receive any increase in money from the 100% rating. I did write the VA and asked about any increase in money due to the 100% rating, they said NO. I have read the references you quote, and some says yes and others said no???? Any ideas what I should do??

Thanks

Link to comment
Share on other sites

HUH?

Was this for a service connected condition?

Men and women and Maxwell-I think the VA heard our comments on the VA web site pop up survey-

M21-1 is there now- one click away-not hard to find anymore-

Maxwell- go to the M21-1 and the Rating schedule links at the VA web site and look up Temporary Hospitalization, and Convalence Ratings for service connected conditions-

Did you make formal application yet for these benefits?

Vicki is right on the TDIU- the form is at the VA site too-VA form 21-8940-

I will attach it-

If this is service connected hospitalization it is unfortunate someone at the VAMC didnt help you apply for this ????

And I would refer to under Question 25 Remarks that you are attaching copy of theirtheir rating decision for the 100% and any other part of the decision that supports TDIU.

TDIU_form.pdf

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use