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Question About Temporary 100% Rating for Hospitalization

Question

Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

 

Do not apply the provisions of 38 CFR 4.29 when a Veteran

is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

 

Exceptions:
Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.

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Welcome to Hadit!

With all the "may's" in your post, it is clear as mud. It probably would not hurt to file for it.

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Actually the VA is supposed to file for this benefit for you, in the inhouse program.Unless that all changed.

Here is the Nov 2018 version of the reg:

https://www.law.cornell.edu/cfr/text/38/4.29

But it does not include the stuff about the DOM.

Can you give us a link to that?

"I'm currently rated for the same reason I'm going inpatient."    Good!

When my husband was in the 21 Day- Buffalo-long ago - there was only one vet who did not get the temp.

He had no SC at all and the other inhouse vets called me up telling me he was a wannabee-

I have no idea how the heck he ever got into the program. They were all combat with with SC ratings  and he kept asking them about their stressors.

He sent me his 17 page BVA denial, thinking I could come up with something -but none of his stressors could be proven.

We have a local VAMC with a DOM so I am very interested in that last exception....

It seemed to do my husband a lot of good- but when he came back ,he said he wished the program was a year long- because he served a year in Hell.

I feel the VA  ( I criticize them a lot about the claims process etc) 

is SUPERB in dealing with PTSD- partidularily in the Inhouse program. The main VA  team leader of their "tour"- they "bring them there and back again " (Vietnam) *** was very good about calling me up to discuss my husband's issues. I was shocked to learn he was a civilian. He was great with the group.

He was shocked to learn I was a civilian too-because Vietnam was then , and still is, an important part of my life.

*** that sounds odd- to bring them there and back-and this method of treatment might have changed by now- but Vietnam was an integral part of my husband's whole being, until the day he died. I bet all of the vets he was with in the program went there and back many times a day. He was 30% at the time, and about 4 years later the VA awarded him, posthumously, 100% P & T SC for PTSD.He also had a SSDI award solely for PTSD, which had a EED of 2 or 3 years prior to the Inhouse.

I am glad you show no hesitation  over getting into  the program- some vets do-but once they get there, they see how great this program is.

The Lock down stuff if you hear that, is  BS- they have trips , etc. The lock down is actually  to lock out and  keep the "world" out- if you are a Nam vet you know what I mean.

Good luck !

 

 

 

Edited by Berta

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