[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR4.29]

[Page 378-379]
 
            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

[[Page 379]]

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 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 Veterans Service Center Manager.
    (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; 71 FR 28586, May 17, 2006]