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service connected knee surg.

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vols21

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I've been trying to get a true answer i'm having knee surg Oct.22 and I'd like to know if I get 100% disability for the first year VA rep said no but 38 CFR  4.71a 5055 said you draw so what do i do to get it

 

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https://www.va.gov/disability/eligibility/special-claims/temporary-increase-for-time-in-hospital/

Increased disability rating for time in a hospital

Did you spend time in a VA hospital or a VA-approved hospital for a disability related to your military service (called a service-connected disability)? If you did, you may be able to get added disability compensation or benefits with a temporary 100% disability rating for the time you spent in the hospital. Find out if you can get this benefit.

Can I get disability benefits from VA?

You may be able to get disability benefits if one of the situations below describes your experience.

One of these must be true:

  • You spent more than 21 days in a VA hospital or other approved hospital for a service-connected disability, or
  • You were under hospital observation for more than 21 days at our expense for a service-connected disability

Who’s covered?

Veterans

What kind of disability benefits can I get?

  • Health care
  • Increased compensation (payments) for the time you spent in the hospital

How do I get these benefits?

You’ll need to file a claim for disability compensation. 
Find out how to file a claim for disability compensation

Note: If you weren’t in a VA hospital, when filing your claim you’ll need to give us your hospital discharge summary showing the length and cause of your hospital stay.

Example: A Veteran with a 40% service-connected disability rating for diabetes had to stay in a VA hospital after going into a diabetic coma. He needed to stay in the hospital for 25 days because of the coma and related infections. We raised his rating to 100% during his hospital stay. After he got out of the hospital, his disability rating went back to 40%.

 
 
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