Gardberg & Kemmerly, P.C. Attorneys at Law

Temporary Total Disability Ratings Based on Convalescence

Temporary Total Disability Ratings Based on Convalescence

Under certain circumstances a temporary total (100 percent) disability rating will be assigned for a service connected disability when a medical report establishes that a Veteran needs time to recover following discharge from the hospital. The medical report submitted for this application must be issued at or near the time of hospital discharge or outpatient release.

There are three circumstances under which a temporary total rating will be issued:

•1) The Veteran has undergone surgery that requires at least one month of recovery;

•2) The Veteran has undergone surgery that has resulted in severe postoperative residuals; or

•3) A major joint of the Veteran's is immobilized by a cast. (No surgery is required to qualify under this circumstance).

If the benefits are granted, they are effective from the date of hospital admission or outpatient treatment and may continue for a period of one to three months from the first day of the month following hospital discharge or outpatient release. Veterans can obtain extensions of their recovery ratings for up to three months. Further extensions of up to six months may be granted in the discretion of the Adjudication Officer for those Veterans who suffer severe postoperative residuals or have a major joint immobilized by a cast. Meaning Veterans could receive a temporary total rating for up to one year depending on their circumstance.

Medical evidence is necessary for a grant of a temporary total rating, or an extension of that rating. The medical evidence or medical report needs to specify the length of the Veteran's convalescence or recovery period in order for the benefits to be granted.

Veterans with any service connected mental disorders who are hospitalized continuously for at least six months will receive a temporary total rating for at least sixth months following their discharge.

If you have questions about your eligibility for a temporary total rating or any other VA disability claim, please contact the experienced Veterans' disability attorneys at Gardberg & Kemmerly, P.C. today for a free case evaluation. Gardberg & Kemmerly serves Veterans across the United States from their home office in Mobile, Alabama.

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