Monday, April 15, 2024

Va Convalescent Pay After Surgery

Getting A Medical Nexus

Veterans Benefits at 70% Disability | VA Service-Connected Disability | theSITREP

With your diagnosis and service connection in place, youll need to get a medical nexus from your doctor. This is effectively a statement verifying that your condition was at least as likely as not caused by your military service. This will be most important in cases where your temporary disability is happening long after your military service ends.

A medical nexus keeps veterans from claiming compensation for non-service-related conditions. For instance, you cant break your ankle at the company softball game ten years after you leave military service and claim disability. However, if you broke your ankle in basic training or in your military service, you can get compensation for that injury.

The Nexus Letter is like the missing link to a successful VA disability compensation claim. In this video, one of our veterans disability lawyers explains the importance of the Nexus Letter.

Convalescence Pay For Surgery And Re

Jim,

I have just found out today, through my “non-VA” OB/GYN, that I have to have a full hysterectomy . I have fibrosis in my uterus, and both the left and right have cysts. The right also has a tumor. I am service connected 10% for ovarian cysts.

I just recently sent in a fully developed claim notice in regard to my service connection for lumbar and thoracic back strain. I have no idea how long that will take, and I only have the VA and one other doctor who treats me for this condition.

As for my new developments. How should I act on this? In December, 2010, I had cervical/neck surgery. Of course I was misinformed that this would qualify for 100% temporary convalescence pay while I was recovering, because of my lumbar and thoracic strain. It was not, 12 months later it was denied. I am now appealing with the help of an attorney.

I am to have another ultrasound on March 5, and then should nothing have changed, I will undergo the needed surgery and chemo. Should I – can I – request temporary convalescence pay for this surgery and re-coop. I am financially a wreck because of the neck surgery and the belief of “somebody” at the VA Regional office. .

If yes, how should I go about it. Do I apply first or wait until after the surgery date? Do I file a new claim or do I file a fully developed claim with all records attached, including the surgery? Will the “uterus” be considered a new claim? Do I file it secondary to ovarian cysts?

Any insight would be helpful. I appreciate you.

A Veterans Disability Lawyer May Be Able To Help You With An Appeal For Corneal Transplant Veterans Benefits

When you submit your appeal for corneal transplant veterans benefits, you are signing up for a complex appeal system and the VA scrutinizes every word of the appeal. If you have already walked through this processwinding up frustrated, empty-handed, and still suffering from your disabilityyou might want to hand the appeal over to someone who does this for a living.

Take this time to rest and be relieved knowing your appeal is in the hands of a legal professional who knows the ropes of VA policies and procedures.

Call a veterans disability law firm today: .

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Types Of Temporary Total Disability Ratings

  • Prestabilization Ratings
  • Hospitalization Ratings
  • Convalescent Ratings
  • Many times, U.S. veterans may suffer injuries or other service-related medical conditions that, after their military discharge, still render them temporarily unable to earn a living. In other words, their conditions may not have fully stabilized. Though many veterans ultimately recover over time, VA temporary total disability ratings allow them to compensate for the income they are unable to earn through a substantially gainful occupation. This disability compensation entails their being rated at 100 percent disabled, but only for a limited period of time. If you think you might qualify for a temporary total rating, weve outlined everything you need to know. You may also consider reaching out to a qualified VA disability attorney, who can review your VA claim and advise as to your best next steps.

    There are three major types of temporary total disability ratings, as seen below:

    Benefits Involved With Individual Conditions

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    Your VA benefits will depend on your VA scar rating. You may receive monthly payments that are based on the combined rating percentage you receive. Other factors include the number of dependents you have. If you have a spouse and children, your individual rates may differ from a veteran who is single. VA compensation rating for scars along with your dependent status determine your monthly payments.

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    Total Knee Replacement Surgery Vs Partial Knee Replacement Surgery

    The knee has three main compartments. If youre experiencing a form of arthritis in your knee, only one compartment may be affected. If that is the case, then you may be a good candidate for a partial knee replacement.

    If all three compartments are affected by arthritis, then your doctor will probably recommend a total knee replacement, which results in all of the compartments being replaced with prosthetics.

    A total knee replacement, diagnostic code 5055, is automatically given a 100 percent rating for the first year after surgery. After one year has passed, youll be asked to attend a compensation and pension examination, where the severity of the condition will be determined.

    Veterans should be fully prepared to report any loss of function and symptoms they experience so the VA has a full understanding of the severity of the condition following surgery.

    Afterward, youll be given a new rating following the examination. The minimum rating for a total knee replacement is 30 percent. Unlike total knee replacements, partial knee replacements are rated based on any symptoms caused by the replacement and do not have their own diagnostic code.

    How Long Does It Take To Receive Va Convalescent Pay

    Veterans who are temporarily disabled as a result of a service-connected ailment may be entitled to temporary and total disability pay equal to their VA rating. Temporary 100% disability ratings are available from the VA in three forms: pre-stabilization, hospitalization, and convalescence. These VA benefits are available to veterans who are facing temporary, severe medical conditions as a result of a service-connected disability.

    Before we go into how long it takes to receive a VA convalescent pay, let’s first discuss it.

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    Temporary 100% Va Disability After Surgery

    Convalescence is the act of regaining or returning to a normal or healthy state after surgical operation or injury. A rating of 100% may be temporarily assigned when treatment for a veterans service-connected condition requires or results in:

    • Surgery necessitating at least 1 month of convalescence
    • Immobilization of a service-connected major joint by cast without surgical intervention
    • Surgery with severe postoperative residuals, such as:
    • Incompletely healed surgical wounds
    • Therapeutic immobilization of one or more major joints
    • Application of a body cast
    • Necessity for home confinement
    • Necessity for continued use of wheelchair or crutches

    The VA determines how long to extend convalescent pay on a case-by-case basis, as the facts of the case allow. The 100% rating can be extended to 6 months or longer, but the extension has to be approved by a Veterans Service Center Manager.

    Staged Ratings Tied To Condition Severity

    Veterans Benefits at 30% Disability | VA Service-Connected Disability | theSITREP

    If your condition either gets worse or improves after you file your initial claim, the VA may choose to change your disability rating throughout the process. For example, if you apply for a 10% disability rating for a condition that then worsens over a two-year period, the VA may update your rating to 25%.

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    Claiming Temporary Total Disability Rating Following Surgery

    As mentioned above, VA should grant a temporary total rating following surgery for a service-connected condition. However, if VA does not grant this benefit automatically, veterans should file a claim for it right away. Furthermore, if veterans have the surgery at a non-VA facility, they should inform VA about the procedure right away in order to ensure they will have access to benefits.

    Do I Have To Apply For A Total Rating

    A 100% rating is awarded through the standard claim process. If you are awarded less than 100% but your conditions worsen to qualify you for a total rating or if you qualify for hospital or convalescent ratings, you can submit a new claim for an increased evaluation. You do have to apply separately for Individual Unemployability.

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    How To Qualify For Disability Benefits For Surgery

    Veterans may be able to get disability benefits if theyve had surgery or received other treatment at a VA hospital, approved hospital, or outpatient center for a disability related to their military service. If veterans had surgery, both of these must be true to receive benefits:

    • The surgery required a recovery time of at least one month or reports show that the surgery or treatment was for a service-connected condition, and
    • The surgery resulted in severe issues, such as:
    • Surgical wounds that havent totally healed
    • Stumps of recent amputations
    • Being unable to move due to being put in splints or casts to help with healing
    • Being unable to leave your house
    • Being required to use a wheelchair or crutches

    Again, VA will often assign a temporary total disability rating if the above-mentioned criteria are met. The VA offers three forms of temporary 100 percent disability ratings: prestabilization, hospitalization, and convalescence.

    Compensation For Qualifying Dependents

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    A Veteran receiving 30% or more service connected disability compensation may be eligible for compensation for qualifying dependents. If you are married and/or have children, are rated at least 30% and are not receiving compensation for your dependents please contact us and we will be happy to assist you in pursuing compensation for those individuals. Please gather your marriage certificate, birth certificates or adoption decrees and social security numbers of all dependents you wish to add. If you or your spouse were married previously, please gather divorce decrees or death certificates or other proof that the previous marriage was lawfully terminated.

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    What To Do If Your Claim Is Denied

    If your temporary total disability claim is denied, dont worry. You can always appeal your decision, including sending it all the way up to the BVA in Washington, D.C. if needed. You may still be able to collect compensation beginning from the date you filed your first application.

    If you plan to appeal your VA disability decision, you may want to consider hiring some experts to help you through the process. The appeals process involves a lot of confusing deadlines and added evidence requirements.

    A lawyer specializing in veteran law can help you meet all the appeal deadlines. They can also give you insider tips and tricks to make your appeal more successful. We know which evidence you need to include, as well as how to present that evidence to make your case as strong as possible.

    A behind the scenes look at who works for you at Woods and Woods, The Veterans Firm

    What Is A Qualifying Dependent

    • Any unmarried biological or adopted child under the age of 18
    • An unmarried child between the ages of 18 and 23 who is attending school
    • A legal spouse – see the VA’s website for guidance on what constitutes a “legal” spouse

    There are many exceptions to these guidelines. If you are unsure whether your dependents will qualify, please contact us and we will be happy to assist you.

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    What Is The Difference Between A Total And Partial Knee Replacement

    First of all, the knee is one of the most fascinating and most complex joints in the human body.

    Lets start with the complex part of that statement.

    There are 4 bones and 14 ligaments in the knee.

    Several major muscle groups the hamstring , quadriceps , the Peroneal , the sartorius and several more muscles and muscle groups all terminate or cross through or over the knee area. Each of those muscles connects or is stabilized by tendons.

    This is part of what makes the knee so fascinating it is less a physical thing than a massive mixing bowl of muscles, tendons, ligaments, bones, and cartilage.

    In fact, when I was going through physical therapy for a recent problem with my knee from running, it was explained to me that the knee basically floats between the hip and the foot, and converts instability in one to stability in the other.

    In other words, as it was explained to me, the knee corrects instability in your feet into stability in your hipand instability in your hip to stability in your foot.

    Without the knee, this is how we would walk:

    The take away from all this is that a LOT can go wrong in a kneeand when a LOT goes wrong for a LONG time, your doctor may start talking to you about knee replacements.

    When that happens, you will learn that doctors talk a lot about knees in compartments.

    There are 3 compartments in the knee: the medial compartment the lateral compartment , and the Patellofemoral compartment .

    What Is A Convalescent Rating

    VA Benefits with 90% Service-Connected Disability | VA Disability | theSITREP

    To understand a convalescent rating, you must first know what convalescence means. Convalescence is the time spent recovering from an illness or medical treatment.

    A convalescent rating is a temporary total disability rating that is used by the VA whenever a service-connected disability requires in-patient treatment or outpatient surgery. The total rating lasts for the duration of hospital admission or outpatient release and lasts for up to three months following the first day of the month after discharge.

    For instance, if you are approved for three months of convalescent rating, and were discharged from the hospital on January 10, February 1 would be the first day that would count towards your 3 month total. This means that your convalescent rating would last until April 30.

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    Va Disability Compensation Knee Replacement Ratings: Partial And Total

    by Chris Attig

    If there are 2 medical issues that nearly every single Veteran has to deal with, it is tinnitus and knee problems: which is why questions about VA disability compensation for a knee replacement are among the most frequent questions I get in my email inbox.

    If you were Army or Marine, a good bit of your time was spent running in formation with improper footwear, carrying 80+ pounds of socks and MREs from Point A to Point B.

    If you were in the Air Force, you may have spent a good bit of time crouched under or in planes.

    And you Navy guys and gals ran up and down steps in tight quarters.

    Even the desk jockeys have knee problems sitting is the absolute worst position for your hips, knees and feet. Human musculature is not designed for sitting all day.

    The point is that one of the most common types of VA Claims is a claim for something to do with the knees.

    And, as a Veterans knee condition worsens, he or she may find themselves needing a partial or total knee replacement.

    Can a Veteran get disability compensation for a Knee Replacement?

    What Is A Va Financial Hardship

    “Financial hardship” means that you, the veteran, are unable to produce enough income to cover basic expenses such as rent or medical expenses related to your disability. Minor difficulties are insufficient the VA must determine that the financial difficulty is “severe.”

    If you are receiving collection notices from creditors, are facing eviction or foreclosure, are required to declare bankruptcy, or have your utilities disconnected, these are the types of extreme circumstances that may qualify you for accelerated processing of your disability claim.

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    Temporary Total Disability Ratings

    Not only will the VA provide permanent VA disability benefits for those who qualify, but it also will provide temporary total disability ratings to veterans who need short-term replacement of income due to a service-related injury or medical condition that has yet to stabilize. This temporary VA rating is equivalent to a 100% disability rating for a permanent disability, which can be profoundly helpful to veterans who suffer a loss of income related to their medical situation.

    If you think you may qualify, make sure to reach out to a trusted and qualified disability lawyer, along with reviewing all the steps and criteria here to evaluate the strength of your case.

    Temporary Total Rating For Va Benefits

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    Applying for disability benefits can be a confusing, overwhelming process. Veterans in need of disability benefits do not typically understand the jargon the VA uses and are left wondering what exactly they are entitled to. In this blog we are going to cover one instance where VA jargon is confusing, when a Veteran is assigned a convalescent rating.

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    What Is A 100 Percent Va Disability Rating

    Your disability rating is the percentage the VA assigns to your disability when determining eligibility for various VA benefits. Your rating can range from 0 to 100 percent in 10 percent increments.

    There are several different types of 100 percent VA disability ratings, according to Department of Veterans Affairs Code § 3.340:

    SERVICE-CONNECTED

    These are disabilities caused by injuries that occurred or were aggravated during your service.

    If you receive a 100 percent disability rating for one service-connected disability, or a combination of these disabilities, you are still able to work full time without disrupting your benefits.

    TOTAL DISABILITY/INDIVIDUAL UNEMPLOYABILITY

    Total disability/individual unemployability is a disability rating that may be granted if a veterans claim asserts that he or she be paid benefits at the 100 percent disabled rates, even though the disability or disabilities rate below 100 percent.

    These claims can be made by a veteran if a service-connected disability prevents him or her from maintaining gainful employment.

    To qualify, a veteran must:

    • Have a single disability with a rating of 60 percent or a single disability with a rating of 40 percent, paired with additional disabilities equaling a rating of 70 percent or more
    • Medical documentation establishing why the veteran cannot work in physical and sedentary jobs

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