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

[63SIERRA]

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YET the va keeps denying veterans and harping on the same ole outdated information, that they were falsely propogating a decade ago.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.

[63SIERRA]

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.

[carlie]

Every few years there are updates to the CFR's

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

[Berta]

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.