[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.29]



[Page 373-374]

 

            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. 4.29  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 expense for 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



[[Page 374]]



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 Sec. 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 Adjudication Officer.

    (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 and Pension Service, under Sec. 

3.321(b)(1) of this chapter.



[29 FR 6718, May 22, 1964, as amended at 41 FR 11294, Mar. 18, 1976; 41 

FR 34256, Aug. 13, 1976; 54 FR 4281, Jan. 30, 1989; 54 FR 34981, Aug. 

23, 1989]