Disability pay temporary increase for SC surgery?

Yes, you can receive a temporary 100% disability rating during your recovery from service-connected hiatal hernia surgery, governed by 38 CFR 4.30, "Convalescent ratings." This regulation authorizes a total (100%) rating for the period of hospital treatment or a one-month period following discharge, which can be extended if a longer period of convalescence is warranted by the severity of the condition or complications. For a hiatal hernia, which is rated analogously under the Digestive System schedule (typically under Diagnostic Code 7346 for hernia hiatal), the key is establishing that the surgery is for a *service-connected* condition. You must file a claim for the temporary rating increase; it is not automatic. Submit VA Form 21-526EZ along with a statement from your surgeon confirming the surgery date, that it is for your SC condition, and the expected recovery period, citing 38 CFR 4.30. The principle from *DeLuca v. Brown* regarding the evaluation of a disability's functional impairment during flare-ups supports the need for the rating to contemplate periods of severe symptomatology, such as post-operative recovery. Your actionable next step is to gather the surgical report and a physician's statement detailing the convalescent period and file your claim promptly to ensure the temporary 100% rating covers your recovery weeks.

*Disclaimer: This information is for educational purposes regarding VA policy and procedure and is not intended as legal or medical advice. For guidance on your specific claim, consult with an accredited VA attorney or claims agent.*