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Question About Temporary 100% Rating for Hospitalization

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Eggiez

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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There are "2" CFR's for temp ratings:

38 cfr 4.29 and 

38 cfr 4.30 

4.29 is for hospital only

4.30 is for "convalescent", such as a surgury, and a recovery period.  

     Im not sure, but I think only 4.29 would apply to PTSD, and not 4.30.  

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I remember talking to a VA Doc about the arthritics in my knees,.

Back while I was in VietNam I was on the bumper of a Duce and Half Truck checking the Radiator Fluid I slowly took the cap off and let the pressure off and when I went to look in the radiator  it blew out some scalding hot fluids  it got part of my forhead before I could get away but as I went to jump off the bumper my foot was caught under those big Loading hooks on the bumper  I fail on concrete on  both knees...Unfortunately I never reported this or went to sick call , I limp around for weeks after that very badly bruise on both knees  I got over the soreness and just went on about my business  

Anyway I ask a VA Dr Years later if this can cause or be related to to when I fail off the military truck   he said yes it can...However I never filed a claim for this because I don't have medical Doc's to back it up that it happen...I know they will deny it  so why try...

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