Question About Temporary 100% Rating for Hospitalization

[Eggiez]

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.

[Vync]

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.

[Berta]

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 December 22, 2018 by Berta

[Bullycat]

I spent last winter in a dom trying for a hip replacement.  And have friends wentt to doms as well.  I filed for the 100% temp.  I didn't get much help from the person helping me file my claim. She actually acussed me of stealing her pen?? That was at the Dallas va.  You need to be there for the ptsd classes and you need to file for that.  I think you need to be in the dom for so long before you can file, maybe 30 days and good luck everyone will give you hell for trying.  The social work chain of command can be filled with government employees that have sprouted roots.  They may give you every excuse for you not to see a va represenitive to file your claim outside of the dom.  Of course it's your right to see one. But they can wave things over your head like but you have to attend your classes missing a class will terminate you from the program.  I was in the Bonham tx dom for almost 6 months jumping through hoops .  I couldn't get the local va rep at the hospital to help me file anything. I ended up using the ebenefits app to file claims.   The Dallas va had a Texas bva help me with the temp 100% .  It was a bust for me and almost lost my disability all together.  When you file for it they will give you an evaluation for all your disabilities.   Mine are physical so apparently I was having a good day and the evaluator noted it wrong.  It was a mess. And I didn't get the hip replacement surgery.   My advice is stay on top of it stay away from the guys in the smoking circle outside they are going to fill you with b.s. they are probably detoxing or something.  If you have any trouble skip talking to a social worker they are useless. Find the director of the hospital. Nobody will take you serious there , fair warning.  Maybe i seemed out of place because I wasn't addicted to drugs and ranting about only there for a hip replacement??? I don't know?  But nobody at the dom had any idea what was going on.  

Edited January 19, 2019 by Bullycat

[Berta]

I think you are misunderstanding the Temp 100% comp regulations:

https://www.va.gov/disability/eligibility/special-claims/temporary-increase-after-surgery-or-cast/

If you had the surgery and it was for a SC disability- then you might have been eligible for the Temp comp.

This link here explains the Temp Comp 100% for the PTSD Inhouse Program:

https://community.hadit.com/topic/40622-ptsd-inpatient-program-temp-100/

I knew many vets over the years living in the Dom- here at the Bath NY VA and none of them were getting a temp 100% comp payment.

A few used to come to the VA Chapel and told me they were trying to get a higher SC rating- but I think -as a monthly comp increase to what they were already sced for.

 

[Navy04]

Not too difficult to understand, as stated above as long as you are Hospitalized for a SC Disability then you are granted 100% Temporary while in the Hospital. I have had this a few times as recent as last year when I had my 2nd back surgery. Just keep up with it whether the VA does their job and files or, or you do, just remember to inform the VA when you get out. Good luck and God Bless

[Buck52]

I wish I had known this back when I was in the VA Hospital FOR 3 MONTHS one time back in 1984...but I was not SC for anything back then although I should have been,, but I learn a lot from other veterans there in the Hospital and a  friendly caring VA Dr..this is what prompt me to file my claims.

To be honest I never knew a thing about claims or service connecting them or anything, I got out in 71 and was not told anything about filing claims from anyone?

..I got out I thought I was in good health and I probably was at that time, but I went down hill after the first 10 years and used  my employment insurance for my health care , but my health kept failing me over the years to the point where I could no longer work,  and I remember what I was told  when I was in the VA Hospital...I filed my claims  and of course was denied   took me  5/6 years to prevail.

I think now days they brief all the soldiers getting out or ETS and have them to be checked out thoroughly health wise and  an option they can file compensation claims...When I got out we never had this option.

If we Did I was not notified of any parts of it.