About To Have Surgery with VA. What Happens to My Rating?

donaldjshaw93

PEB Forum Veteran
Registered Member
#1
Hey everyone, a little background to my story... I was retired 9/17/2014 with 70% from the Army and 70% from the VA for neurological issues in my neck and shoulder. Since then, they have found a plethora of other issues in my neck and shoulder, including issues with the subclavian artery on my right side. I need surgery for vascular thoracic outlet syndrome...

Anyways, that is besides the point... I am wondering what happens with my rating once I have surgery? If they alleviate some of the issues, can the VA take away my percentage? Can they lower it? I've been told too many different things by too many different people. I was rated permanent disabled by the VA and the Army, so I am not sure what the correct answer is. Any insight will definitely help. Thanks!
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#2
I was rated permanent disabled by the VA and the Army, so I am not sure what the correct answer is.
You stated before you have a 70%/70% Army/VA rating. Just checking that you were not actually rated 100% and permanently and total rated by the VA (i.e, at 100%).

I am wondering what happens with my rating once I have surgery?
Unless you have a 100% rating assigned for hospitalization, initially, nothing happens.

See this VA regulation:


§4.29 Ratings for service-connected disabilities requiring hospital treatment or observation.
"A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established that a service-connected disability has required hospital treatment in a Department of Veterans Affairs or an approved hospital for a period in excess of 21 days or hospital observation at Department of Veterans Affairs expensefor a service-connected disability for a period in excess of 21 days.

(a) Subject to the provisions of paragraphs (d), (e), and (f) of this section this increased rating will be effective the first day of continuous hospitalization and will be terminated effective the last day of the month of hospital discharge (regular discharge or release to non-bed care) or effective the last day of the month of termination of treatment or observation for the service-connected disability. A temporary release which is approved by an attending Department of Veterans Affairs physician as part of the treatment plan will not be considered an absence.

(1) An authorized absence in excess of 4 days which begins during the first 21 days of hospitalization will be regarded as the equivalent of hospital discharge effective the first day of such authorized absence. An authorized absence of 4 days or less which results in a total of more than 8 days of authorized absence during the first 21 days of hospitalization will be regarded as the equivalent of hospital discharge effective the ninth day of authorized absence.

(2) Following a period of hospitalization in excess of 21 days, an authorized absence in excess of 14 days or a third consecutive authorized absence of 14 days will be regarded as the equivalent of hospital discharge and will interrupt hospitalization effective on the last day of the month in which either the authorized absence in excess of 14 days or the third 14 day period begins, except where there is a finding that convalescence is required as provided by paragraph (e) or (f) of this section. The termination of these total ratings will not be subject to §3.105(e) of this chapter.

(b) Notwithstanding that hospital admission was for disability not connected with service, if during such hospitalization, hospital treatment for a service-connected disability is instituted and continued for a period in excess of 21 days, the increase to a total rating will be granted from the first day of such treatment. If service connection for the disability under treatment is granted after hospital admission, the rating will be from the first day of hospitalization if otherwise in order.

(c) The assignment of a total disability rating on the basis of hospital treatment or observation will not preclude the assignment of a total disability rating otherwise in order under other provisions of the rating schedule, and consideration will be given to the propriety of such a rating in all instances and to the propriety of its continuance after discharge. Particular attention, with a view to proper rating under the rating schedule, is to be given to the claims of veterans discharged from hospital, regardless of length of hospitalization, with indications on the final summary of expected confinement to bed or house, or to inability to work with requirement of frequent care of physician or nurse at home.

(d) On these total ratings Department of Veterans Affairs regulations governing effective dates for increased benefits will control.

(e) The total hospital rating if convalescence is required may be continued for periods of 1, 2, or 3 months in addition to the period provided in paragraph (a) of this section.

(f) Extension of periods of 1, 2 or 3 months beyond the initial 3 months may be made upon approval of the Veterans Service Center Manager.

(g) Meritorious claims of veterans who are discharged from the hospital with less than the required number of days but need post-hospital care and a prolonged period of convalescence will be referred to the Director, Compensation Service, under §3.321(b)(1) of this chapter."

They are supposed to "catch" this issue and pay you for it on their own, but, if they don't you have to apply for it.

If they alleviate some of the issues, can the VA take away my percentage?
Can they? Yes, with notice and an opportunity for you to request a hearing. Will they? Hard to say.

Yes, if you are actually better. But, they have to jump through some procedural hoops to make this happen. You would have to have notice of the proposed reduction and be given an opportunity to object and have a hearing. ALWAYS exercise your options to object and appeal unless you are in agreement that your rating should be lowered.
 

colleen

Registered Member
#4
Looking for some insight from individuals that have gone through the military medical process. I was lifting and felt something pop in my shoulder. Ever since then I have pain in my collarbone when lifting/doing push ups. Its been a little over 3 years and now I am in so much pain all the time. I can no longer lift or do push ups. I haven't taken an APFT in 8 months. I went to PT for my hip and shoulder pain. They focused on my hip (strained tendon) and now my shoulder. The PT diagnosed me with Thoracic Outlet Syndrome (TOS). I have pain in my collarbone constantly, upper back pain, shoulder pain, pressure in my chest, my arm goes numb, and it is hard to grip things. I am an Artillery Officer. What is the COA for this? Will I get surgery? Will I get med boarded? Thanks!
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top