Can I file for Temp 100% due to Hospitalization (Retroactively)

[demodemon7]

Hello,

I would like to know can I apply for temporary 100% due to hospitalization retroactively?

Since being SC at 50% PTSD in 2014, I have been in numerous treatment programs spanning 2015, 2016, 2017, and 2018. All time periods were for up to 6 months-one year.

When I first tried to file in 2015 I received a letter from the RO stating that because I had a appeal going for a PTSD increase my temp claim could not be processed at the time.

However, I recently filed again for Temp 100% on April 8th 2019  for all the various time periods despite my ongoing appeal and it appears they have processed my  Temp claim

because a decision letter has been sent. What can I expect? I'm assuming if there is no statute of limitations on when to file I should be approved. But we all know what Ass-uming does

when it comes to dealing with the VA regarding claims. Please advise,  as to weather there is a time limit.

Any feed-back or advice will be greatly appreciated.

Thanks All

Semper Fi.

P.S Please bear in mind that I filed "due to hospitalization" not "convalescence". It is my understanding that there is a difference 

[Buck52]

I don't think you can now because its been to long  usually Veterans have a 30 day time limit after being hospitalized to file temp claims.

Usually the 100% temp rating and pay is for 3 months or ever how long the Dr's say you need for recovery.

Example: A Veteran had a left knee injury that resulted in a 30% disability rating. As the knee problem got worse, the Veteran’s VA doctor recommended surgery to stop more damage from happening. Since the doctor wouldn’t know if the surgery was successful until 3 months after the Veteran’s 1-week stay in the hospital, we granted the Veteran a temporary 100% disability rating for 3 months. 

I could be wrong on this   if anything has changed?

 

[broncovet]

Go ahead and file.  You dont have anything to lose, if you were hospitalized for SC conditions, even tho, mostly its about recovery from surgery.  If you get denied you can hire a lawyer and, you could wind up with 80 percent of something as opposed to 100 percent of nothing.  Maybe your lawyer can establish a precedent ..that mental health issues are just as important as physical health.  

The VA wants Vets to "get help", and then they want to suggest you "dont deserve" convalescent 100 percent because it was a "mental issue" and filed too late.  I suggest you try.  

[demodemon7]

Buck52. Thanks for your reply.  Although it's kinda discouraging. Especially, to think  that I first filled during my 2015 hospitalization within the required timeframe and was sent a letter saying my claim could not be processed due to my ongoing PTSD claim. You would think that under the VA's "duty to assist"  IN THAT SAME LETTER they would have given me further instructions regarding a time limit to file for any future hospitalizations regarding my PTSD considering  that recovery from PTSD is a GUARDED PROGNOSIS.

I figured from the letter  (if my first claim could not be processed at the time then any other attempts would receive the same response.) so why further clog the system by filing a claim that cant be processed. And so I decided to wait Man this would really suck!!!!. I'm just so tired of all this.

Thanks tho.

[demodemon7]

BroncoVet, Thanks for you feedback. I cant write much more....doggone depression, anxiety and the monstrous HEAD of uncertainty is completely blocking my thought process. The only thing I feel right now is a growing sense of ANGER at a system that seems set up to drive one to "desperate measures" one way or the other.

 

[Buck52]

As broncovet mention  go ahead and file and see what they say ?

They should still process your claim. if you have been denied , in 2015 you might want to reopen this claim and go for a EED. You need New & Materiel Evidence   What you are asking is just is some what uncommon and we don't know the whole sernerio   of your case.

With this New RAMP in effect since Fed 19th of this year they may can do something    you may check on an attorney or a Veterans Claims Agent to help you, if you have a large retro  they should be glad to help,  just don't give up ask more questions here on Hadit.

sorry my above post was discouraging. 

[Buck52]

quote from demodemon7

]Since being SC at 50% PTSD in 2014, I have been in numerous treatment programs spanning 2015, 2016, 2017, and 2018. All time periods were for up to 6 months-one year.''

was you hospitalized every 6 months  from these past years? what were you hospitalized for? PTSD? Uncontrollable anxiety  was you placed in the PTSD Ward 6 months   each of these years.? 2015,2016,2017 and 2018?..if all above is true  you may want to disagree with the 50% rating    because to me it sounds like you should be 100%  and if you win this  they should go back to the date you got your 50% in 2014 or the date you filed for increase.

Now with this said   if your in therapy treatment for Mental Health I don't think you can file on that m but it is substantial to your MH Claim.

what ever you do please stay in treatment  and worry about a claim later  just remember the time limits you have when disagreement with your claims.