38 C.F.R. § 4.128
Convalescence ratings following extended hospitalization
If a mental disorder has been assigned a total evaluation due to a continuous period of hospitalization lasting six months or more, the rating agency shall continue the total evaluation indefinitely and schedule a mandatory examination six months after the veteran is discharged or released to nonbed care. A change in evaluation based on that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter.
Notes of Decisions
Cited in 3
cases, 1991–1993 · leading case: Peyton v. Derwinski, 1 Vet. App. 282 (Vet. App. 1991).
Peyton v. Derwinski, 1 Vet. App. 282 (Vet. App. 1991). “38 C.F.R. § 4.128 (1990) (emphasis added).”
Jones v. Principi, 3 Vet. App. 396 (Vet. App. 1992). “13 (1991) (in situation of changed diagnosis, rating board’s “aim should be the reconciliation and continuance of the diagnosis or etiology upon which service connection for the disability had been granted”); 38 C.F.R. § 4.128 (1991) (rating boards encountering a change of…”
Genous v. Brown, 5 Vet. App. 422 (Vet. App. 1993). “See 38 C.F.R. § 4.128 (1992) (rating boards must exercise caution in determining whether a change in diagnosis represents a progression of an earlier diagnosis, an error in a prior diagnosis, or an independent disease entity).”
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