You may be entitled to a temporary 100% disability rating from the VA if you meet certain criteria. There are a few different paths a veteran can take in order to obtain a temporary rating of 100%. Each path requires the veteran to have a service-connected disability.
The first path requires treatment for the veteran’s service-connected disability, consisting of a hospital stay for a period in excess of 21 days. For example, if a veteran is service-connected for a mental condition and requires hospitalization in excess of 21 days because of that condition, the veteran would be entitled to a temporary grant of 100% for that time.
The second path for achieving a temporary grant of a 100% disability rating requires a period of convalescence of at least one month. Take the following example:
A veteran is service-connected for a knee injury and his doctor recommends the veteran have knee surgery. After the surgery, the veteran is required to keep off of his knee for three months. During these three months, the veteran is entitled to a temporary 100% disabilty rating due to convalescence.
Other examples include recent amputation, required use of a wheelchair, or immobilization due to having a cast.
The last path occurs when the veteran suffers from an unstabilized condition upon discharge from service causing a severe disability that will continue for an indefinite period. A grant of temporary 100% in this case is called a pre-stabilization rating. An example of an unstablized condition would be a gunshot wound that severely impairs the veteran’s physical limitations. A pre-stabilization rating of 100% will only be granted if the veteran’s condition prohibits substantially gainful employment.
In order to receive a temporary grant of 100%, the treatment or hospitalization required for the veteran’s service-connected disability must be either at a VA facility or a VA approved facility.
Do you need help with your VA Benefits?
If you need help supporting a VA claim or believe that you received an incorrect rating, we encourage you to request a free evaluation of your case to see if Bosley & Bratch can help. Our sole purpose as veterans disability attorneys is to make sure that the men and women who serve our country receive the benefits to which they are entitled.