Temporary 100% Disability Rating
There are three types of temporary disabiltiy ratings:
- Prestabilization Ratings
- Total Ratings for Service-Connected Disability Requiring Hospitalization
- Convalescence Rating (TDCC)
- Prestabilization Rating of 100% is for Veterans who have experienced, during active, an unstable condition resulting in a severe disability that renders gainful employment either not feasible or adviseable. Such conditions would include: residuals resulting from a head injury or gunshot wound residuals.
- The VA is not allowed to assign a 100% prestabilization rating if the Veteran’s case warrants a 100% regular rating.
- Assigned immediately after discharge from the military and continues for 12 months after discharge.
- During the 12 months, the Prestabilized rating can change to a “another rating authorizing a greater benefit” if the change would be a better benefit for the Veteran.
- There must be a VA exam of the Veteran between the 6 month and the 12 month. following discharge. If the exam calls for a reduction in benefits, the VA can not make the reduction until the end of 12 month period.
Total Ratings for Service Connected Disabilities Requiring Hospitalization
- The condition must be service-connected.
- The period of hospitalization or observation must exceed 21 days.
- The Increased rating starts on the first day of continuous hospitalization and ends on the last day of the month of hospital discharge.
- If hospialization occurs for a non-service connected condition and during the hospitalization a service connected disability is treated for over 21 days, then the 100% can be granted.
Convalescence Rating (TDCC) :
- Three circumstances for TDCC:
- The Veteran has surgery that requires 1 month of convalescence, or
- The Veteran’s surgery has resulted in severe postoperative residuals,or
- The Veteran has a major joint immobilzed by a cast.
- Convalescence for Mental Disorder:
- Veteran must have a service connected mental disorder
- Hospitalized for at least 6months for the service connected mental disorder
- Convalescent rating will last for 6 months after hospital discharge. This rating is protected under 38 C.F.R. 3.105(e)
- Benefit is for up to a year.
- The conditions must be service connected and the medical documentatin indicates that the Veteran needs time to convalesce after hospital discharge or outpatient release.
- Home Confinement is not necessary. Ruling from Felden v. West, defines convalescence as ” the act of regaining or returning to a normal or healthy state after a surgical operation, or injury” Medical documentation is necessary. If Veteran’s doctor prescribes: “Do not return to work for 12 weeks”, then the CAVC has ruled that the note establishes 12 weeks of convalescence.
For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org
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