VA Proposes Change ''Aggravation'' to ''Permanent Worsening''

[Buck52]

"Permanent Worsening"

''This is VA's summary introduction to the proposed changes:''

The Department of Veterans Affairs (VA) proposes its adjudication regulations relating to aggravation of service-connected disabilities to more clearly define ‘‘aggravation’’ in serviceconnection claims. The revisions would explicitly confirm a singular definition of ‘‘aggravation’’ that includes the requirement of ‘‘permanent worsening.’’ The revisions would also include minor organizational and technical changes.

Why Change the Definition of Aggravation?

The proposed changes will apply to both in-service aggravation of an existing condition², and post-service aggravation of an existing condition by a service-connected disability.³ 

The following quote from the Federal Register provides the gist of VA's reasoning, but I encourage you to read the entire proposal for complete understanding.

The primary purpose of this proposed regulatory amendment is to provide a singular definition of ‘‘aggravation’’ by clarifying two phrases contained within 38 CFR 3.306 and 3.310; specifically, ‘‘increase in disability’’ in section 3.306 and ‘‘any increase in severity’’ in section 3.310.

These phrases are not currently defined by statute or regulation, but rather by case law. ... Both 38 CFR 3.306 and 3.310 serve the same ultimate goal of compensating veterans for increase in disability, whether based on aggravation of a preexisting disability (in-service context) or aggravation of a nonserviceconnected disability (post-service context).

Although these regulations are built on the same fundamental concepts, the differences in their wording have caused confusion over how to apply ‘‘aggravation’’ in both contexts.

Because the phrases ‘‘increase in disability’’ and ‘‘any increase in severity’’ are not clearly defined, there has been uncertainty over what standard to use in determining whether ‘‘aggravation’’ is demonstrated.

The incongruent wording in these two regulations has been a consistent point of confusion and contention in the claims process, including on appeal.

[Marine Corp 69/70]

So if you trying to connect Sleep Apnea to PTSD and the Va already gave you a CPAP machine, and you win the claim secondary to PTSD for Aggravation ( Permanent Worsening). You will be given 0% for Sleep Apnea because you have a CPAP. With a CPAP you get 50% so the next high rating is 100% which is hard to get so you will be rated at 0%, VA won again. There go Sleep Apnea 

 

[Buck52]

NO I DON'T THINK THAT'S WHAT THEY MEAN? ALTHOUGH I COULD BE WRONG?.

IF THIS PASSES IT WILL BE MORE FOR APPLY FOR INCRASE ON YOUR CURRENT DISABILTY..  RATHER OR NOT THEY THINK ITS  PERMANENT OR WORSEN...IN MY OPINION  IF THE VETERAN IS P&T THEN ITS PERMANENT

KINDA STUPID THE WAY THEY HAVE THAT..

THEY GOT TO FIND A WAY TO SCREW US VETERANS  ONE WAY OR THE OTHER.

[USMC_VET]

https://regulations.justia.com/regulations/fedreg/2020/09/11/2020-17672.html

Edited September 25, 2020 by USMC_VET

[Tbird]

8 minutes ago, USMC_VET said:

do you have the link for this?

https://hadit.com/aggravation-definition/

[USMC_VET]

This proposal has some important changes.

"VA proposes to amend paragraph 3.306(a) by adding the following two sentences: ‘‘Except as otherwise noted in paragraph (b)(2) in this section, service connection will only be warranted if the increase in disability is permanent and not attributable to the natural progress of the injury or disease. Temporary or intermittent flare-ups do not constitute an increase in disability unless the underlying injury or disease shows permanent worsening."

My analysis is that this will both help and hurt veterans in that for veterans who do get SC'd for a secondary aggravated injury this almost spells out that it is permanent and not subject to change which COULD make it harder for the VA to reduce at a later date.  However this will lift the bar for aggravation injuries and give the VA more wiggle room for denial if they can claim its not showing PERMANENT worsening.

[Marine Corp 69/70]

I read the aggravation-definition my take is, this is a major blow for secondary SC from aggravation like taking medication, obesity. Like Sleep Apnea you need a sleep study before they diagnose you, and if you get a CPAP and claim a secondary disability for the sleep apnea you will be entitled to 0% if you win somebody in the VA is staying up late trying to save money (or screw the Veteran). Thank you for your service???