Prestabilization Rating

VAJumper

Moderator
PEB Forum Veteran
Severly disabled and unabled to secure gainful employment? You may be entitled to a prestabilization rating. See below from VASRD. I wish I'd known about this sooner.

§4.28 Prestabilization rating from date of discharge from service.

The following ratings may be assigned, in lieu of ratings prescribed elsewhere, under the conditions stated for disability from any disease or injury. The prestabilization rating is not to be assigned in any case in which a total rating is immediately assignable under the regular provisions of the schedule or on the basis of individual unemployability. The prestabilization 50-percent rating is not to be used in any case in which a rating of 50-percent or more is immediately assignable under the regular provisions.




Rating
Unstabilized condition with severe disability:
Substantially gainful employment
is not feasible or advisable........................................................... 100

Unhealed or incompletely healed wounds or injuries:
Material impairment of employability likely...................................... 50




Note (1): Department of Veterans Affairs examination is not required prior to assignment of prestabilization ratings; however, the fact that examination was accomplished will not preclude assignment of these benefits. Prestabilization ratings are for assignment in the immediate postdischarge period. They will continue for a 12-month period following discharge from service. However, prestabilization ratings may be changed to a regular schedular total rating or one authorizing a greater benefit at any time. In each prestabilization rating an examination will be requested to be accomplished not earlier than 6 months nor more than 12 months following discharge. In those prestabilization ratings in which following examination reduction in evaluation is found to be warranted, the higher evaluation will be continued to the end of the 12th month following discharge or to the end of the period provided under §3.105(e) of this chapter, whichever is later. Special monthly compensation should be assigned concurrently in these cases whenever records are adequate to establish entitlement.

Note (2): Diagnosis of disease, injury, or residuals will be cited, with diagnostic code number assigned from this rating schedule for conditions listed therein
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran
Severly disabled and unabled to secure gainful employment? You may be entitled to a prestabilization rating. See below from VASRD. I wish I'd known about this sooner.

§4.28 Prestabilization rating from date of discharge from service.
The following ratings may be assigned, in lieu of ratings prescribed elsewhere, under the conditions stated for disability from any disease or injury. The prestabilization rating is not to be assigned in any case in which a total rating is immediately assignable under the regular provisions of the schedule or on the basis of individual unemployability. The prestabilization 50-percent rating is not to be used in any case in which a rating of 50-percent or more is immediately assignable under the regular provisions.
Rating
Unstabilized condition with severe disability:
Substantially gainful employment
is not feasible or advisable........................................................... 100

Unhealed or incompletely healed wounds or injuries:
Material impairment of employability likely...................................... 50
Note (1): Department of Veterans Affairs examination is not required prior to assignment of prestabilization ratings; however, the fact that examination was accomplished will not preclude assignment of these benefits. Prestabilization ratings are for assignment in the immediate postdischarge period. They will continue for a 12-month period following discharge from service. However, prestabilization ratings may be changed to a regular schedular total rating or one authorizing a greater benefit at any time. In each prestabilization rating an examination will be requested to be accomplished not earlier than 6 months nor more than 12 months following discharge. In those prestabilization ratings in which following examination reduction in evaluation is found to be warranted, the higher evaluation will be continued to the end of the 12th month following discharge or to the end of the period provided under §3.105(e) of this chapter, whichever is later. Special monthly compensation should be assigned concurrently in these cases whenever records are adequate to establish entitlement.

Note (2): Diagnosis of disease, injury, or residuals will be cited, with diagnostic code number assigned from this rating schedule for conditions listed therein

Is it possible that the legacy soldiers still on active duty could qualify for this while waiting in line for the/a traditional rating..........hmmmmmmmmm If anyone has thoughts :) please lat me know.
 

VAJumper

Moderator
PEB Forum Veteran
Absolutely. If you're using a veteran advocate I'd recommend going through them to make the request. If doing it yourself, you can mail the request to the Regional Office - RO (certified). I've been waiting almost 3 years for my VA rating under the Legacy program, so if you can get this started now, you'll get a great head start. More people need to know about this--I'm going to try to apply retroactively since it was their mistake I was overlooked and missed.
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran
Outstanding..... :cool:

After all I am rated at 90% by the Army..... Was released by Voc Rehab cause I could't keep up with the course work due to TBI and VA has stated repeatedly that once I am rated I should be at 100% IU with assistance in living..... :oops:
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Is this program established to allow someone to start receiving VA benefits while they wait for their VA claims to be completed? I wonder if having your VA claims pending(Legacy), if they will deny your application under 4.28 because you have a "pending," case. Thanks for the find Jumper.
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran
Is this program established to allow someone to start receiving VA benefits while they wait for their VA claims to be completed? I wonder if having your VA claims pending(Legacy), if they will deny your application under 4.28 because you have a "pending," case. Thanks for the find Jumper.
Well I really don't a have a claim pending....... They don't know who I am because the process hasn't even started yet....... their to busy doing IDES cases :mad:
 

Jeep Freak

PEB Forum Regular Member
PEB Forum Veteran
I was wondering about this as well. Mine has been at the VA for 6 months and they haven't even looked at it. I suggested something like this to the congressman and I haven't heard anything more from him, they are probably ignoring him as well. I would be happy with 80% until they decided to do something since I got 80% from the DoD. I know I should get more from the VA once they do something like work, sorry had to throw that in there.

I was told about a month ago that the VA sent a lot of the IDES to contractors to move them quicker.
 

VAJumper

Moderator
PEB Forum Veteran
I contacted my VA regional Office via the DAV regarding the prestabilization rating and was told my case would now be expedited and completed in 2 days! Wow, from Development phase to final in 2 days...I knew they could do it.

More word needs to get out about this!
 

Jeep Freak

PEB Forum Regular Member
PEB Forum Veteran
Well it is about time for you to get this done. I'm going to have to look into this tuesday when I'm at the VA hosptal. The VA has had my stuff since 6 Dec 2011 and I got out the 29 Dec. I called the VA one month ago and they had not even looked at anything yet and nothing has changed on e-benefits. They are still gathering evidence. I have not heard anything from the Congressman either.
 

Jeep Freak

PEB Forum Regular Member
PEB Forum Veteran
I went to the e-benefit site and found a change. It still is in the gathering of evidence but it now has a new post.

Copy of check (checked already in system for electronic deposit) 05/31/2012



Does anyone know what this might mean? It has been one month since I sent them my SSDI paperwork.

 

Jeep Freak

PEB Forum Regular Member
PEB Forum Veteran
I went ahead and called the VA. The gentleman did not know what the Copy Of Check thing means and was confused. I asked about the prestabilization rating and he looked it up, agian did not know about this. He read what appears to have been this web page. We both believe that this prestabilization thing is only temporary for a minimum of one year. If it keeps me from losing things like the house or bankruptcy, I'll take it.

http://www.veteranstoday.com/2010/04/24/va-disability-ratings-are-assignable-to-severely-injured-soldiers-pending-medical-discharge/

In another misdeed, the DOD has also failed to widely-advertise that Armed Forces Personnel including whom are pending medical discharge or release for severe injuries or disease or unhealed wounds incurred or aggravated while in service or on Active-duty from the National Guard or Reserves regardless of whether they had been in a combat zone or not are entitled to a PRESTABILIZATION RATINGSof 50%-100% service-connected disability compensation which in 2010 pays $770 to 2673 per month for a single Veterans for a minimum of 12-months. If Special Monthly Compensation (SMC) is required the monthly payment could be well-over $4,100 for a single-Veteran and over $8,000 for Veterans with Dependent Spouse, Children and Parents and which there are extremely severe injuries such as amputated arms and legs, paralysis, brain damage, etc.
Do you think your case will be completed or just get this and hopefully finish it within the year?
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran
I contacted my VA regional Office via the DAV regarding the prestabilization rating and was told my case would now be expedited and completed in 2 days! Wow, from Development phase to final in 2 days...I knew they could do it.

More word needs to get out about this!
Jumper.... this is huge. Your My Hero Of The Day :D
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran
I contacted my VA regional Office via the DAV regarding the prestabilization rating and was told my case would now be expedited and completed in 2 days! Wow, from Development phase to final in 2 days...I knew they could do it.

More word needs to get out about this!
Hey Jumper, on a personal note...... were any of your conditions mental health ptsd issues (don't need the facts), yes or no is all I'm looking for....... ? I was told today by JAG that ANYTHING reguarding mental health issues BY LAW MUST BE PUT ON TDRL, but they couldn't quote me reference....... I just wondered if it was the truth or an answer.........? :confused:
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Hey Jumper, on a personal note...... were any of your conditions mental health ptsd issues (don't need the facts), yes or no is all I'm looking for....... ? I was told today by JAG that ANYTHING reguarding mental health issues BY LAW MUST BE PUT ON TDRL, but they couldn't quote me reference....... I just wondered if it was the truth or an answer.........? :confused:
I would say an answer Bravehart!!! There are many mental conditions that can be stable in nature. It seems like the PEB is placing members on TDRL, but there isn't a specific requirement anywhere stating that a mental health condition can't be rated as permanent. I haven't seen any instruction anywhere that shows it to be true, but then again I have a public university education..........
 

michigan0782

PEB Forum Regular Member
PEB Forum Veteran
The law actually reads that 50 TDRL is the minimum a member can recieve adn get a reevaluation in 6months. Its a court case where a bunch of wounded warriors with PTSD sued the government. Cant remember the name
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran
:(
I would say an answer Bravehart!!! There are many mental conditions that can be stable in nature. It seems like the PEB is placing members on TDRL, but there isn't a specific requirement anywhere stating that a mental health condition can't be rated as permanent. I haven't seen any instruction anywhere that shows it to be true, but then again I have a public university education..........
Wow........ i think i'll go lay down :(
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran
I would say an answer Bravehart!!! There are many mental conditions that can be stable in nature. It seems like the PEB is placing members on TDRL, but there isn't a specific requirement anywhere stating that a mental health condition can't be rated as permanent. I haven't seen any instruction anywhere that shows it to be true, but then again I have a public university education..........


The reason I was asking was because the JAG Officer I talk to today did........... :rolleyes: ROFLOL
 

NDBravehart84

PEB Forum Regular Member
PEB Forum Veteran
The law actually reads that 50 TDRL is the minimum a member can recieve adn get a reevaluation in 6months. Its a court case where a bunch of wounded warriors with PTSD sued the government. Cant remember the name
Thanks Michigan, I remember the case... some people on this site were involved. By the way... what part of michigan are you from?
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
The law actually reads that 50 TDRL is the minimum a member can recieve adn get a reevaluation in 6months. Its a court case where a bunch of wounded warriors with PTSD sued the government. Cant remember the name
Originated from the 2007/2008 NDAA and fallout from Walter Reed fiasco. If a SM has PTSD and it's deemed unfitting, they(PEB) have to rate it at least 50%. They seem to be placing them in a TDRL status, but that doesn't mean PDRL isn't an option.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top