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How Often , And Who Updates The 38Cfr Rating Schedule/


63SIERRA

Question

It is quite evident that many of the symptoms in the schedule of ratings and symptoms that pertain to disabilities is inaccurate. Who updates this information as new medical discoveries take place.

For instance. decades ago it was believed that spondylolysis was a birth or developmental defect , Now it has been proven that there are 4 different causes including traumatic impact. Many studies were done of the years and no babies were found born with this disorder.. This is widely know in the chiropractic and orthopedic community.

YET the va keeps denying veterans and harping on the same ole outdated information, that they were falsely propogating a decade ago. you have a congenital or developmental defect that is not related to service, blah, blah blah, blah, go away, your denied, adios , ardovior, vamoose, get lost.

So who is it that makes sure the VA is using the most accurate, up to date information regarding medical facts and diseases and disorders. Hell not long ago they used to pull tonsils and appendix out like they were nothing, they have sense found that both organs serve a purpose. (whoever in the hell would think God put something in us we dont need must be an ass anyway}.

If your read the description of some of your claims, you will find that some of the wordage used, is totally off point.

Take scars for example. They described mine as SUPERFICIAL. If you look up scars and types of scars there are 4 different types. none are described as superficial. why do raters describe things in this way? well because it sounds minor/

Instead of saying, veteran has a huge scar, it looks like its painful as hell, and it sure is ugly,. they try to downplay it.

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  • Content Curator/HadIt.com Elder

I'm not an expert, but in laymans terms, the government usually issues a Request For Proposal and posts it on the Federal register for feedback. After a posted amount of time, comments are closed and then reviewed by appropriate board of puppets, policy makers, and so-called experts. At some point, the changes are approved and posted. Sometimes changes are periodic, regularly scheduled, or part of a political agendas.

I probably got that all wrong, because it is late and I am tired, but wanted to attempt to paraphrase and give you some ideas.

I totally know what you mean about the rating tables being all screwed up. Another one is hiatal hernia. They give that for GERD/reflux even if the person does not have a hernia.

One of the elders or more informed members could probably lend their expertise. There is supposed to be a mechanism in place that allows the people to help fix problems like these, or at least have a say in it of some sort.

A superficial scar sounds like a tiny scar on the surface only, like if you went through a rose bush. The VA loves to downplay the seriousness of our concerns. For many of them, it is just another patient out of the way.

Sorry you are having so much trouble. I hope things turn out better.

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an injury becomes an irritation

a burn becomes a singe

a wound becomes a contusion

a break becomes a mechanical defect

a spine injury become a congenital or developmental defect

a mental ilness becomes a personality disorder

a major disease becomes an ailment

major pain becomes discomfort

blindness becomes a vision change

bleedin becomes light loss of body fluids

obese becomes increased body mass index

anyone want to add to this list, im sure there plenty more.

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I bet this phrase gets used ALOT at the ROs. " whats a similar word for -------- That sounds minor?

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Vync is correct. From time to time VA does change the rating schedule or change other parts of CFR.

And everyone can comment on the proposed changes ,when they appear in the Federal Register as many here have done from time to time.

Most amendments and some Bills for those amendments to 38 are different however. Such as the Blue Water Navy situation, where they are fighting to get all Blue Water Vietnam Era veterans covered by the Agent Orange presumptives.

Years ago VA pulled something and did not have a comment period on something they wanted to change..they just posted the proposal in the FR...I think it regarded NHL AO regulations and there was a big stink about that.

VA reads every comment and they are public at the FR site. I have noticed commentors are veterans, non veteran advocates like me, lawyers, vet reps, and , for some hearing loss regs a few years ago, they had multiple comments primarily from hearing aid companies and audiologists who were seeking some sort of fee basis ideas for veterans to get ample audio exams outside of VA.

Which made sense to me...I wonder how often VA even calibrates their audio exam equipment.

Edited by Berta (see edit history)
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I think it is something that REALLY needs to be looked at by an independent organization and checked for accuracy. Im seeing way too many discrepencies in the way it is written and things left out . Many things that affect your health are not even listed as symptoms.

Even though its not listed in the 38cfr symptoms list, I would encourage anyone in doubt abt whether your service connected ilness or injury is causing other problems to do your own medical research. You just might find that some of the symptoms that arent listed are caused by your ilness or injury, and can be claimed. They are damend sure not going to tell you. I think of the human body as a system. If one thing is broke, it affects something else, that affects something else and so on.

The va tries to box us in by compartmentalizing the diseases and ilnesses. The give a limited list of symptoms and if you arent suffering from those specific symptoms, they say no dice. If we start challenging those limited symptoms with up to date, accurate information, that proves it is negatively affecting out health, I would imagine they will have to acknowledge and grant the claims.

Take high blood pressure for example. who in the heck came up with those numbers. Did they draw them from a bingo machine,? that should be looked at, and possibly changed. Any high blood pressure can kill you or cause stroke. It should also depend on other factors of an individuals health. Take me for instance I have one kidney/ If my blood pressure spikes it will kill me quicker than someone with both kidneys/. a persons weight should be factored in, age, family history ,,ect. MANY things need to be changed in the way they decide claims.

Edited by 63SIERRA (see edit history)
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Vync is correct. From time to time VA does change the rating schedule or change other parts of CFR.

And everyone can comment on the proposed changes ,when they appear in the Federal Register as many here have done from time to time.

Most amendments and some Bills for those amendments to 38 are different however. Such as the Blue Water Navy situation, where they are fighting to get all Blue Water Vietnam Era veterans covered by the Agent Orange presumptives.

Years ago VA pulled something and did not have a comment period on something they wanted to change..they just posted the proposal in the FR...I think it regarded NHL AO regulations and there was a big stink about that.

VA reads every comment and they are public at the FR site. I have noticed commentors are veterans, non veteran advocates like me, lawyers, vet reps, and , for some hearing loss regs a few years ago, they had multiple comments primarily from hearing aid companies and audiologists who were seeking some sort of fee basis ideas for veterans to get ample audio exams outside of VA.

Which made sense to me...I wonder how often VA even calibrates their audio exam equipment.

Berta that might be another reason the VA is trying to keep a lid on the fee based care, because modern up to date facilities with the most modern equiptment and medical information. will not jive well with thier Roosevelt era va care and compensation standards . When veterans get the proper diagnosis and treatment recommendations from a real hospital it puts the VA in a bind. They cant say that its BS. It also opens the door to more comp claims, because the civillian docs are less likely to lie to the patient.

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Every few years there are updates to the CFR's

To mention a few are new presumptive's, TBI, 2010 PTSD update, etc. . .

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Yes that's right. Even the IHD regulations changed.

I found that out when VA awarded my husband posthumously for IHD at 30%.

If they had not malpracticed on the IHD, he might be alive and with a 50 % or even a 100% IHD rating.

The Nehmer lawyer I had pointed out to me they would need to use the IHD rating schedule prior to his death.

It changed sometime after 1994 I think.

I couldnt fight that rating because they never diagnosed or treated him for IHD, and it was never listed on any rating sheet.which I proved to OGC he had evidence in his med recs from 1988 up until his demise , and it was part of my additional IHD CUE claim ,that VA awarded under Nehmer.

Other changes to the rating schedule is the SMC "Q" award and probably a few other things too.

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