Convalescent Rating for Service Connected Disabilities

Anytime a Veteran requires surgery OR extended hospitalization (21 days or more) for a service connected disability (commonly referred to as Chapter 29/30 benefits – a reference to CFR 38 4.29/30 that detail the requirements and entitlement benefits), there is an associated convalescent period.  The convalescent period for hospitalization will apply for as long as the Veteran is hospitalized beyond the initial 21 days.  For all convalescent periods, a total disability rating (100%) is assigned “without regard to any other factors when it is established by a surgical report from a hospital or outpatient release letter that verifies entitlement for such convalescence is warranted.”  It is important to note that at least one of the following criteria must be met in order to receive this entitlement: the surgery must necessitate at least one month of convalescence (most outpatient surgical procedures qualify), OR the surgery has severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of one major joint or more, application of a body cast, or the necessity for house confinement, or the necessity for continued use of a wheelchair or crutches; OR immobilization by cast, without surgery, of one major joint or more.

The effective date for the convalescent rating will be the date of hospital admission or outpatient treatment and become effective for pay purposes from the first day of the following month.  Depending upon the type and purpose of the surgical procedure, the rating for the disability will either return to the previous rating or a physical examination will be scheduled and considered prior to assigning a new rating.  For example, the typical convalescent period for a simple knee debridement for a 10% service connected knee condition would result in a one month total disability rating (100%), then return to its previous rating of 10%, assuming no complications with the procedure.

Extensions of Convalescence Ratings

The VA has charts for convalescence periods associated with differing surgical procedures affecting all their disability ratings; therefore, regardless what a Veteran’s doctor may prescribe as a convalescence period at discharge doesn’t necessarily mean the VA will grant that same period for a total disability rating (100%).  Nonetheless, convalescent ratings may be extended by 1, 2, or 3 months beyond the initial period if there are complications that warrant continued convalescence AND it is deemed by a doctor that such convalescence is necessary.  For extensions of 1 or more months up to 6 months beyond an initial 6 months period (or more, such as a 13 month convalescence period for a major joint replacement), a doctor’s statement AND approval of the Veterans Service Center Manager is necessary to continue a total disability rating (100%).

Potential Effect of Convalescent Ratings on the Veteran’s Overall Combined Rating

It is important to note that if a Veteran has a surgical procedure or qualifying hospitalization on a service connected disability and has OTHER service connected disabilities (either singularly or combined) that equal(s) 60% disabling or higher, then that Veteran is entitled to special monthly compensation called Housebound for the duration of the convalescence period.  This consideration is automatically calculated and paid at the time of the VA Notification letter / Rating Decision that granted the convalescence.

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Beneficiary Travel Benefits

Did you know that you may be eligible for mileage reimbursement or special mode transport in association with obtaining VA health care services?  You qualify if you have a service-connected (SC) rating of 30 percent or more, traveling for treatment of a SC condition, receive a VA pension, your income does not exceed the maximum annual VA pension rate, or for a scheduled compensation or pension examination.

Special Mode Transportation

You qualify for special mode transportation (ambulance, wheelchair van, etc. if your medical condition requires an ambulance or a specially equipped van as determined by a VA clinician,

your income does not exceed the maximum annual VA pension rate, your medical condition requires an ambulance or a specially equipped van as determined by a VA clinician, you meet one of the eligibility criteria above, and the travel is pre-authorized (authorization is not required for emergencies if a delay would be hazardous to life or health.)

 Mileage Rates

Currently, the VA’s mileage reimbursable rate for appointments is $0.415 (41.5 cents) per mile.

Scheduled appointments qualify for round-trip mileage, while unscheduled visits may be limited to return mileage only.

Deductible

The VA charges a deductible on travel pay of $3.00 one-way ($6.00 round trip), subject to a monthly cap of $18.00. Upon reaching the $18.00 deductible or 6 one-way (3 round) trips, whichever comes first, travel payments made for the balance of the month will be free of deductible charges.  A waiver of the deductible will be provided if you are eligible for travel and you receive VA non-service connected pension, your previous year or current calendar year’s income does not exceed, or your projected current calendar year’s income does not exceed the national means test income threshold or you are traveling for a scheduled compensation and pension examination (required for a pending VA disability claim.)

For questions regarding eligibility or concerns with your travel pay, see the billing office at your local VA Medical Center.

Hill & Ponton, P.A.

VA Benefits – The Claims File

When applying for disability benefits from the VA and going through the appeals process to get compensation, most veterans have a lot of questions when getting started. Maybe you wonder what to do once you have filed your appeal, or what you can do to help your claim, or simply why it’s taking so long to get the process moving. When we first take on a case, many veterans call within a few weeks or months wanting to know the status of their case, what we have done, and why the case is not moving along faster. While we cannot speak for the VA, we can shed some light on one of the most important facets of the claim that we spend a significant amount of time on: the Claims File.

The first few months of an appeal tend to be stagnant solely because we are waiting for the VA to send us the veteran’s claims file. We cannot proceed with a claim until we receive this file from the VA. This is a crucial component to establishing a claim for disability benefits because it contains the information we need to understand the claim and how to prove it. And unfortunately, obtaining this file comes with a wait-time.

What is the C File?

The Claims file, also known as the C File, is the compilation of all of the documents the VA has pertaining to the veteran since released from service. These are the records that the VA has looked at and taken into consideration when evaluating a veteran’s claim for compensation. It contains everything the VA has collected over the course of a claim, from the initial claims, to the decisions made by the VA as well as service records, service treatment records, medical records (from VA facilities and private doctors), compensation and pension exams, social security records, and buddy statements (witness statements from family and friends) filed or used in support of the claim. Because it contains so many documents, it tends to be hundreds to thousands of pages long, and sometimes with pages out of order, duplicated, or missing.

How do you get it?

To get the C File, you have to request it from your local Regional Office (RO) under the Freedom of Information Act (FOIA). It takes the RO anywhere from 2-6 months on average to process the request and provide a copy of the C file. Unfortunately, sometimes it can take much longer, even up to a year. When the RO fails to produce the file in a reasonable amount of time, you can file an appeal to compel them to produce it. Getting disability benefits is a long and difficult process, and unfortunately the long wait tends to start from the very beginning with the first crucial step of obtaining the C File.

Why is it so important?

Once you acquire a copy of the C File, it is best to review it thoroughly to assess all of the evidence. It is important to look at the C File piece by piece so that you know what evidence the VA has taken into consideration when making a decision and what is still missing or what would be helpful to prove your claim. Doing this not only helps you determine what evidence is favorable, it also helps to see what has already been done on the claim and what still needs to be done. You’ll want to look for the history of each claim to make sure that there are no decisions pending or claims that were never considered. Finding mistakes from the VA could potentially lead to a clear and unmistakable error, and lead to past due benefits. The VA may also have not fully developed a claim, such as by failing to request certain medical or service records that would have been helpful. And remember, the VA has a duty to assist veterans in developing their claims, including obtaining records.

Another way that we use the C File is to obtain additional medical evidence through an Independent Medical Examination or Opinion. Usually when there is an unfavorable Compensation & Pension Exam, a good way to rebut that evidence is with a medical opinion that contradicts the C&P Exam. Once we determine that a private medical opinion is needed, we determine what kind of medical opinion we need, such as a nexus statement from a psychiatrist or an increased rating opinion from a cardiologist. We then usually send the C File to the doctor for review with the relevant medical records and C&P exams, to be able to formulate a comprehensive and thorough opinion.

This is why the C File is so important, and why we have to wait until we receive it before we can effectively take action on the appeal.

Author Melanie Franco, Hill & Ponton, P.A. Attorney