[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: 38CFR4.30]



[Page 374-375]

 

            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.



[[Page 375]]



(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]