Disability / Sup / Temp 100 / Hospitalization

Yes, your husband is likely eligible for a temporary 100% disability rating due to his psychiatric hospitalization. Under 38 CFR § 4.29, a veteran who is hospitalized for a service-connected disability for 21 days or more is entitled to a 100% evaluation for that period. This is separate from his pending increase claim and is based solely on the fact of the hospitalization. The regulation is clear that this rating is assigned "without regard to other provisions of the rating schedule," meaning the prior denial and CP exam issue are not barriers. For psychiatric conditions, this is often implemented under Diagnostic Code 9201-9211 (schizophrenia) or 9200-9440 (other mental disorders) as referenced in 38 CFR § 4.130. Your next actionable steps are: 1) Immediately file a claim for the temporary 100% rating using VA Form 21-526EZ, clearly stating it is for "Temporary 100% due to hospitalization under 38 CFR 4.29." 2) Attach proof of the hospitalization, such as admission paperwork or a treating physician's statement confirming the inpatient stay is for his service-connected psychiatric condition and the anticipated or actual length of stay. 3) You can file this as a Fully Developed Claim online via VA.gov or with the help of a VSO. The effective date will be the first day of the hospitalization, and the rating will continue until the last day of the month of discharge. **Disclaimer: This information is for educational purposes regarding VA policy and procedure and is not intended as legal or medical advice. For guidance specific to your husband's case, consult with an accredited VA attorney or claims agent.**