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.

[Buck52]

Anything proposed that is bad for the veteran lets hope and pray it don't get passed.....remember  it's just a proposal   they yet have to pass it.

[Tbird]

Let your voices be heard. Comments are being accepted till Nov 10th read the announcement to see how to comment https://hadit.com/aggravation-definition/

The Department of Veterans Affairs (VA) proposes its adjudication regulations relating to aggravation of service-connected disabilities to more clearly define “aggravation” in service-connection 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.

Comments must be received on or before November 10, 2020.

[blahsaysme2u]

posted my comment! EVERYONE GO POST A COMMENT!!!! 

THANKS T-BIRD

[Tbird]

You are welcome!

[blahsaysme2u]

there has only been 13 comments on this on the proposal!!!! GUYS, PLEASE GO MAKE YOUR VOICE HEARD! 

[ShuMan]

On 10/19/2020 at 9:33 AM, blahsaysme2u said:

there has only been 13 comments on this on the proposal!!!! GUYS, PLEASE GO MAKE YOUR VOICE HEARD! 

My believe is that there is an underestimation of what this can do to future claims. This is really setting up a lot of claims to fail (if this goes through).