Claim Raven explanation
What this means
A prestabilization rating can address certain severe, unstable conditions immediately after discharge. It is intended for the circumstances listed in this section while the condition has not yet settled into a stable disability picture.
The rule provides specific evaluation levels, a postdischarge period, and examination requirements. It also limits use of prestabilization when an equal or greater evaluation is already available under regular rating provisions.
How this helps your claim
This can help explain an early temporary evaluation and a planned follow-up examination. Check the discharge timing, condition of the wounds or illness, and the particular basis VA used.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Locate the discharge date and records describing the unstable condition at that time.
- Review treatment records about healing and effects on employability.
- Check the temporary-rating period and notices about the follow-up examination.
Understand the unstable period after discharge
Prestabilization addresses specified severe conditions soon after release from service while the disability picture has not stabilized. Records from separation, hospitalization and early follow-up can explain why an ordinary long-term evaluation may not yet describe the situation well.
Read the award for its authority, period and examination requirements. This provision has specific levels and limits, including its relationship to an equal or higher regular evaluation. It should not be confused with every temporary total award after surgery or hospitalization later in civilian life.
Does any serious condition at discharge qualify automatically?
No. The condition and circumstances must meet the listed requirements. Severity alone does not establish that this particular temporary framework applies. Compare the postdischarge course with the provision and keep any regular schedular evaluation separate from the prestabilization question.
Official regulatory text
38 CFR § 4.28
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 4.28 Prestabilization rating from date of discharge from service.
The following ratings may be assigned, in lieu of ratings prescribed elsewhere, under the conditions stated for disability from any disease or injury. The prestabilization rating is not to be assigned in any case in which a total rating is immediately assignable under the regular provisions of the schedule or on the basis of individual unemployability. The prestabilization 50-percent rating is not to be used in any case in which a rating of 50 percent or more is immediately assignable under the regular provisions.
Scroll sideways to see the full table.
| Rating | |
|---|---|
| Unstabilized condition with severe disability— | |
| Substantially gainful employment is not feasible or advisable | 100 |
| Unhealed or incompletely healed wounds or injuries— | |
| Material impairment of employability likely | 50 |
Note (1):
Department of Veterans Affairs examination is not required prior to assignment of prestabilization ratings; however, the fact that examination was accomplished will not preclude assignment of these benefits. Prestabilization ratings are for assignment in the immediate postdischarge period. They will continue for a 12-month period following discharge from service. However, prestabilization ratings may be changed to a regular schedular total rating or one authorizing a greater benefit at any time. In each prestabilization rating an examination will be requested to be accomplished not earlier than 6 months nor more than 12 months following discharge. In those prestabilization ratings in which following examination reduction in evaluation is found to be warranted, the higher evaluation will be continued to the end of the 12th month following discharge or to the end of the period provided under § 3.105(e) of this chapter, whichever is later. Special monthly compensation should be assigned concurrently in these cases whenever records are adequate to establish entitlement.
Note (2):
Diagnosis of disease, injury, or residuals will be cited, with diagnostic code number assigned from this rating schedule for conditions listed therein.
[35 FR 11906, July 24, 1970]
Related references
- 38 CFR § 3.105: VA decision revision, CUE, and rating reductions
- 38 CFR § 4.1: What a VA disability rating measures
- 38 CFR § 3.159: VA duty to assist: records and examinations
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