[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR4.30]

[Page 372]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents
 
                   Subpart A_General Policy in Rating
 
Sec. 4.30  Convalescent ratings.

    A total disability rating (100 percent) will be assigned without 
regard to other provisions of the rating schedule when it is established 
by report at hospital discharge (regular discharge or release to non-bed 
care) or outpatient release that entitlement is warranted under 
paragraph (a) (1), (2) or (3) of this section effective the date of 
hospital admission or outpatient treatment and continuing for a period 
of 1, 2, or 3 months from the first day of the month following such 
hospital discharge or outpatient release. The termination of these total 
ratings will not be subject to Sec. 3.105(e) of this chapter. Such 
total rating will be followed by appropriate schedular evaluations. When 
the evidence is inadequate to assign a schedular evaluation, a physical 
examination will be scheduled and considered prior to the termination of 
a total rating under this section.
    (a) Total ratings will be assigned under this section if treatment 
of a service-connected disability resulted in:
    (1) Surgery necessitating at least one month of convalescence 
(Effective as to outpatient surgery March 1, 1989.)
    (2) Surgery with 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 (regular weight-bearing prohibited). 
(Effective as to outpatient surgery March 1, 1989.)
    (3) Immobilization by cast, without surgery, of one major joint or 
more. (Effective as to outpatient treatment March 10, 1976.)

A reduction in the total rating will not be subject to Sec. 3.105(e) of 
this chapter. The total rating will be followed by an open rating 
reflecting the appropriate schedular evaluation; where the evidence is 
inadequate to assign the schedular evaluation, a physcial examination 
will be scheduled prior to the end of the total rating period.
    (b) A total rating under this section will require full 
justification on the rating sheet and may be extended as follows:
    (1) Extensions of 1, 2 or 3 months beyond the initial 3 months may 
be made under paragraph (a) (1), (2) or (3) of this section.
    (2) Extensions of 1 or more months up to 6 months beyond the initial 
6 months period may be made under paragraph (a) (2) or (3) of this 
section upon approval of the Adjudication Officer.

[41 FR 34256, Aug. 13, 1976, as amended at 54 FR 4281, Jan. 30, 1989]