[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: 38CFR4.30]

[Page 379-380]
 
            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

[[Page 380]]

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 Veterans Service Center Manager.

[41 FR 34256, Aug. 13, 1976, as amended at 54 FR 4281, Jan. 30, 1989; 71 
FR 28586, May 17, 2006]