tdiu Prestabilization Rating

[TALON II FE]

I stole this out of another thread (Thanks Buck), I didn't want to hijack it, but I had never heard of this before and I am trying to figure out why not and why I can't get it?

§4.28 Prestabilization rating from date of discharge from service.

The following ratings may be assigned, in lieu of ratings prescribed elsewhere, under the conditions stated for disability from any disease or injury. The prestabilization rating is not to be assigned in any case in which a total rating is immediately assignable under the regular provisions of the schedule or on the basis of individual unemployability. The prestabilization 50-percent rating is not to be used in any case in which a rating of 50 percent or more is immediately assignable under the regular provisions.






Rating

Unstabilized condition with severe disability—
Substantially gainful employment is not feasible or advisable 100
Unhealed or incompletely healed wounds or injuries—
Material impairment of employability likely 50

Note (1): Department of Veterans Affairs examination is not required prior to assignment of prestabilization ratings; however, the fact that examination was accomplished will not preclude assignment of these benefits. Prestabilization ratings are for assignment in the immediate postdischarge period.

They will continue for a 12-month period following discharge from service. However, prestabilization ratings may be changed to a regular schedular total rating or one authorizing a greater benefit at any time. In each prestabilization rating an examination will be requested to be accomplished not earlier than 6 months nor more than 12 months following discharge.

In those prestabilization ratings in which following examination reduction in evaluation is found to be warranted, the higher evaluation will be continued to the end of the 12th month following discharge or to the end of the period provided under §3.105(e) of this chapter, whichever is later. Special monthly compensation should be assigned concurrently in these cases whenever records are adequate to establish entitlement.

Note (2): Diagnosis of disease, injury, or residuals will be cited, with diagnostic code number assigned from this rating schedule for conditions listed therein.


35 FR
11906, July 24 1970

[TALON II FE]

I have ranted with VSO's, Separation Briefers, the VA and even charities about the lack of a stopgap while transitioning and waiting on disposition of my claim and have already went bankrupt. All I ever got in response was crickets. Meanwhile, the above excerpt seems to indicate there is provisions in place. Very confusing why not a single one of these "professionals" ever mentioned it?

[TALON II FE]

I finally got an IRIS message to submit last night and requested status of my claim, status of my hardship and referenced the above, asking why it was never made available to me. I hope I don't end up looking like a clown. (edit:More clown-like, lol)

Edited June 26, 2015 by TALON II FE

[TALON II FE]

I still have no reply to my IRIS yet, but from what I have read that is not surprising. My claim did go back a step to reviewing evidence, it was on prep for decision for about 2 months. I know it was farmed out from Houston VARO to Sioux Springs VARO about a month ago and Hardship was finally acknowledged about the same time as well (after it sat untouched by them for 6 months). I called Peggy a week or two ago and had a VSO (not mine which has never done anything) look into it earlier this week and was told both times it was just sitting ready for decision, just waiting on the Rater, I assume. VSO said it should be done very soon from the info he was able to look at through a VA buddy. I am hoping that it is a good thing it went back to review of evidence, maybe this means there is a Rater actually going through it now and getting it finalized? Maybe?

[TALON II FE]

Still no reply to the IRIS, surprise, surprise! I finally got around to getting my VA card, so I guess I am now in their healthcare system, but no one is ever there to assign me to a healthcare team, of course. I called between 20-30 times just today with nothing but a series of 2 1/2 recordings before the phone goes dead. Somebody is collecting a paycheck for nothing, I'm pretty sure. They told me the card would be good till 2019 because I am an OIF / OEF vet, but when I received it, it is good for 10 years, until 2025. Could this mean my claim is getting close to finished? My claim did go back to Review of Evidence on ebenefits for several days and went back to Preparation for Decision today. At least there was some movement. It was in prep for decision for about 2 months the first time. I'm worried the step back was someone higher up the chain trying to "bump my rating down". Am I paranoid for thinking this? Or does this look like it is finally going to be finalizing?

Edited July 7, 2015 by TALON II FE