There are medical situations where the VA may award you a 100% disability rating on a temporary basis. With a temporary rating, the VA will pay you at the 100% level even if your disability is not rated at 100%. Most often, this occurs when a Veteran undergoes surgery for a service-connected illness or injury and is hospitalized for more than 21 days or when a Veteran is recovering from service-connected surgery and isn’t able to work while convalescing. Temporary disability VA ratings are designed to ensure Veterans have steady incomes during recovery periods.
Examples of Qualifying Conditions for a Temporary 100% Rating.
Several conditions can qualify you for a temporary 100% rating. Some examples are surgeries that require one month or more for recovery, intensive treatments for cancer such as chemotherapy or radiation therapy, and mental health conditions that require concentrated healthcare.
3 Types of Temporary Disability Ratings.
The VA has designated three types of temporary disability situations which are eligible for short term 100% ratings: prestabilization, hospitalization, and convalescence.
1. Prestabilization
You may be awarded a temporary 100% VA disability rating if your service-connected condition is considered “unstable” and is severe enough that you can’t work, is likely to continue for an unknown length of time, and is expected to improve with treatment. The VA awards either a 100% or 50% prestabilization rating for these types of conditions. An unstable, severely disabling condition that makes maintaining substantial gainful employment impossible or not recommended will be awarded a temporary 100% rating. A temporary 50% rating will be assigned for unhealed or incompletely healed wounds or injuries that make employability unlikely.
Typically awarded immediately following discharge from the military, prestabilization ratings are awarded in place of a permanent rating. This means that the VA recognizes you have a disability that is service connected, but they don’t yet have all the required information to establish a permanent rating. While that decision is being made, you can get a temporary 100% VA disability rating under prestabilization.
Prestabilization ratings are awarded for a 12-month period. However, they can be changed to a permanent rating before the end of that time period if you meet the eligibility requirements.
If while you have a prestabilization rating, you receive a permanent rating that is less than 100%, you will still be compensated at the 100% level for the full 12-month prestabilization period.
2. Hospitalization
If you spend more than 21 days in a VA hospital or VA-approved hospital because of a service-connected condition, you can be awarded a temporary 100% VA disability rating.
Temporary VA ratings for hospitalization can last from one to three months, but in severe cases the temporary ratings can be extended for an additional three months. A temporary rating for hospitalization begins on the day you enter the hospital and ends on the last day of the month you are discharged. For example, if you are hospitalized from June 4 to July 16, your effective date is June 4 and your temporary rating ends on July 31.
Mental disorders can also qualify you for a temporary rating increase for hospitalization. For example, if you’re admitted to a hospital for observation for more than 21 days due to depression caused by PTSD, you could qualify for a temporary hospitalization rating.
3. Convalescence
If you have a service-connected medical condition that requires surgery or if you have an immobilizing disability, the VA could award you a temporary 100% VA disability rating for the duration of your recovery period. This recovery period is called convalescence. As with prestabilization and hospitalization ratings, a convalescence rating serves to help you financially until you can go back to work.
For example, let’s say that a Veteran has a bad knee because of a fall that occurred during a military training exercise. His knee continued to deteriorate and his VA doctor prescribed meniscus repair surgery. After the surgery and one week in the hospital the Veteran could only get around on crutches for three months due to complications from the surgery. He would qualify for a 100% convalescent disability rating for three months. (Note: if a Veteran receives a knee replacement they get four months of convalescence. There is a separate section of the regulations that dictates joint replacement convalescence periods. 38 C.F.R. § 4.71a, Code 5055 is the code for knee replacement.)
To be eligible for a convalescence rating, your surgery must have resulted in:
- A convalescence period of at least one month
- Severe postoperative conditions like:
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- Incompletely healed surgical wounds, stumps of recent amputations
- Therapeutic immobilization of one major joint or more
- A body cast
- The necessity for house confinement
- The necessity for continued use of a wheelchair or crutches
You can also qualify for VA convalescence pay after surgery if you’re immobilized due to a cast placed on at least one major joint.
If you believe you qualify for an increased temporary or permanent VA disability rating, contact our VA disability attorneys by phone or email for a free evaluation of your case and advice on how best to win your case. At Cuddigan Law you have a dedicated team of professionals in your corner who understand the system and who will fight for your rights.
