Under what circumstances can VA disability be given a temporary raise?

PO2 Michael Henry — Sun, 22 Sep 2019 10:28:16 -0400

I am facing neck and back surgery due to an auto accident (not my fault). This will likely be two surgeries and be out of work for several weeks each. It is likely to be a total disk replacement in both cases. I know it's done for cancer cases. I am not sure who to contact to get further details on this. Waiting on response from my VA disability attorney. I do have other options like STD, LTD, Aflac Supplemental insurance, 30% VA Disability and just covering my bases.

***I am not service-connected for my neck and back.***

The Portsmouth Naval Hospital refused treatment after the accident that started it. I had undiagnosed sleep apnea and hypothyroidism and couldn't put 2 and 2 together at all.

***Was asking because I was in a financial hard spot, things have improved since then. Currently, at a point I can make big financial changes once my refund comes in. I can pay off several small accounts that carry big monthly payments in 6 months. An auto accident with a totaled vehicle put me in a spot with a car note I didn't need. Things have settled down. The light is at the end of the tunnel. However medically, still being treated as a result of the accident I have a running spreadsheet updated weekly with all potential lost wages. I also have documentation of all missed work opportunities as a result.***

Response by SPC Clayton Anderson made Sep 22 at 2019 10:47 AM

SPC Clayton Anderson — Sun, 22 Sep 2019 10:47:39 -0400

Are you service connected for the back?

If it's surgery for a SC condition you should be able to get a temporary 100 for 1-3 months while you recover. An additional 3 months may be granted in some cases. If your attorney doesn't get back to you soon, you can always call the VA benefits number [login to see] . A service rep should be able to explain the process.

Response by Capt Daniel Goodman made Sep 22 at 2019 10:50 AM

Capt Daniel Goodman — Sun, 22 Sep 2019 10:50:28 -0400

http://www.vetadvocates.org

Try NOVA...we had my total perm disability handled by a vet group, it got too complex though they tried...we moved it to one of the NOVA attorneys, the consult was $500, the best money we ever spent...just do exactly what they'd tell you, if you use them, other than vet groups and law school vet law clinics, they're pretty much the top of the food chain for VA-disability stuff, honest, OK?

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Response by MAJ Ken Landgren made Sep 22 at 2019 12:41 PM

MAJ Ken Landgren — Sun, 22 Sep 2019 12:41:35 -0400

You might want to contact SS as well.

Response by CSM Danny S. made Sep 22 at 2019 2:59 PM

CSM Danny S. — Sun, 22 Sep 2019 14:59:47 -0400

I have seen VA disability get bumped up for surgery of a service connected disability. However if you get in to a car accident that injures something that you are not getting disability for I don't see them upping your percentage. Plus if the car accident destroyed your back the VA will no buy that disability. Good luck

Response by CSM Darieus ZaGara made Sep 22 at 2019 3:09 PM

CSM Darieus ZaGara — Sun, 22 Sep 2019 15:09:43 -0400

You should be able to claim lost wages against the other I surance Company. If you already had a rating for your back MAYBE the VA will give you a temporary rating, does not seem likely. You are also obligated to list your other services as well. Ask, never hurts. Good luck and thank you for your service.

Response by Cpl James R. " Jim" Gossett Jr made Sep 22 at 2019 8:31 PM

Cpl James R. " Jim" Gossett Jr — Sun, 22 Sep 2019 20:31:46 -0400

Good question Michael...Check with your local Service Officer...if they are not help...call the VA 800#..

Response by SGT Michael Hearn made Sep 22 at 2019 9:33 PM

SGT Michael Hearn — Sun, 22 Sep 2019 21:33:35 -0400

Hello.
Request a hearing Get all the documentation you have. Get the names of the people you speak to at the VA. record the date and time. Good Luck to your brother!!!

Response by COL William Oseles made Sep 22 at 2019 9:57 PM

COL William Oseles — Sun, 22 Sep 2019 21:57:44 -0400

Not Service related would make it tough. IF you have VA recognized disability for neck and back, they accident maybe considered service related as it aggravated your service related condition.

I have a Service Related 0% Disability for my back and hope never goes up, but as you know neck and back injuries never completely go away.
Talk to you VA Patient's Advocate they will have the best answer and know how to process it.

Response by CWO3 Private RallyPoint Member made Sep 23 at 2019 7:31 AM

CWO3 Private RallyPoint Member — Mon, 23 Sep 2019 07:31:14 -0400

This points in the right direction. Get clarification on VA site or call them. https://cck-law.com/blog/temporary-and-total-va-disability/

Temporary and Total VA Disability Status | CCK Law

Veterans rendered temporarily incapacitated due to a service-connected condition may be entitled to a temporary and total disability rating of 100%.

Response by LTC Robert Hynes made Sep 23 at 2019 11:29 AM

LTC Robert Hynes — Mon, 23 Sep 2019 11:29:42 -0400

If your accident happened on active duty and in the line of duty and you have it in your VA records for disability, then yes you can request a temporary increase to 100% for the time you are in a brace. I did it for a surgery related to my service. Check the VA website. If this accident was not related to your service, the VA is not responsible.

Response by SGM Steve Wettstein made Sep 23 at 2019 12:47 PM

SGM Steve Wettstein — Mon, 23 Sep 2019 12:47:55 -0400

PO2 Michael Henry In September 2014 I had my rating temporarily raised to 100% from 80%. I had vascular surgery on my Ascending Aorta due to an aneurysm. After fixing the aneurysm, they had to replace one of my heart valves because it started leaking. Since it was within a year of my retiring it was considered service connected. The temporary 100% was made permanent a couple months later. So the VA will give temporary increases dew to surgeries, I do not think you will qualify because it isn't service connected.

Response by SFC Clifford Brewer made Nov 3 at 2019 5:58 AM

SFC Clifford Brewer — Sun, 03 Nov 2019 05:58:48 -0500

I think you might be stuck between a rock and a hard place...are you on active duty, undiagnosed sleep apnea. Had you ever talk with a doctor about your sleep problem. Yes, you can get temp rating. Hope my 2 cent help...I can understand the frustration you are going through...been there a few times..