Can I Get a Temporary 100% VA Rating After Surgery?

VA can pay a temporary 100% rating after surgery if the surgery was for a service-connected condition and it needed at least one month of recovery, left severe post-surgery problems, or immobilized a major joint in a cast. Under 38 CFR 4.30, VA pays 100% from the date of admission or outpatient treatment through 1, 2 or 3 months, counted from the first day of the month after discharge, and it can be extended. Ask VA for it and send the surgery and discharge records.

This is often called a "convalescence" or "temporary total" rating. When it ends, your rating goes back to the level the condition is rated at.

Who qualifies for a temporary 100% rating?

The treatment has to be for a service-connected condition, at a VA or other approved hospital or outpatient facility, according to VA's convalescence page. Under 38 CFR 4.30(a), the treatment must have resulted in one of these:

• Surgery needing at least one month of convalescence.
• Surgery with severe postoperative residuals, such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of one or more major joints, a body cast, being confined to the house, or needing to keep using a wheelchair or crutches.
• Immobilization of one or more major joints by cast, without surgery.

Surgery on a condition that isn't service-connected doesn't qualify, even if a service-connected condition makes the recovery harder.

How long does it last?

The 100% rating starts on the date of hospital admission or outpatient treatment. It continues for 1, 2 or 3 months, counted from the first day of the month after you are discharged or released (38 CFR 4.30).

It can be extended:

• Up to 3 more months (1, 2 or 3 months beyond the first 3) for any of the three qualifying reasons (38 CFR 4.30(b)(1)).
• Up to 6 more months beyond the first 6, for severe postoperative residuals or a cast on a major joint, with approval of the Veterans Service Center Manager (38 CFR 4.30(b)(2)).

Under 38 CFR 4.30, the end of a temporary total rating isn't treated as a rating reduction, so VA doesn't send the advance notice it gives before reducing a regular rating.

Hospital stays over 21 days: a separate rule

38 CFR 4.29 is a different temporary 100% rating. It applies when a service-connected condition required hospital treatment, or hospital observation at VA expense, for more than 21 days, in a VA or approved hospital. That rating starts on the first day of continuous hospitalization. It applies even if you were admitted for something else, as long as treatment for the service-connected condition started during the stay and lasted more than 21 days (38 CFR 4.29(b)).

The records that prove it

VA needs records showing the procedure was for the service-connected condition and showing which of the qualifying reasons applies. The ones that usually matter:

1. 1The operative report or procedure note, with the date and what was done.
2. 2The discharge or release summary.
3. 3The surgeon's orders on recovery time, activity limits, a cast, crutches or a wheelchair, or staying home.
4. 4Follow-up notes showing the recovery took longer, if you are asking for an extension.

The surgeon's own words about how long you need to recover carry the most weight, so ask for them in writing if they aren't in the notes. Read My Records can pull these dates and orders out of a stack of records. A free VA-accredited VSO can help you send the request.

Frequently asked questions

How long does a temporary 100% rating after surgery last?

1, 2 or 3 months from the first day of the month after discharge or outpatient release, counted from the date of admission or outpatient treatment. It can be extended by up to 3 more months, and in severe cases by up to 6 months beyond the first 6 with a manager's approval (38 CFR 4.30).

Does the surgery have to be at a VA hospital?

No. VA's convalescence page says the surgery or treatment can be at a VA or other approved hospital or outpatient facility. It must be for a service-connected condition.

Does VA give a temporary 100% automatically?

Don't count on it. Ask for it, and send the operative report, the discharge summary, and the surgeon's recovery orders.

What happens when the temporary 100% ends?

Your rating returns to the level the condition is rated at. Under 38 CFR 4.30, the end of the temporary total rating isn't handled as a reduction. If the surgery left the condition worse than before, you can ask VA to rate it higher with evidence of how it is now.

Can I get a temporary 100% for a long hospital stay without surgery?

Yes, under a separate rule. 38 CFR 4.29 gives 100% when a service-connected condition required hospital treatment or observation for more than 21 days.