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.

[Tbird]

please make comments and let your voices be heard on this

[blahsaysme2u]

was there any update on this? did they make the change?

[Buck52]

No Not yet Anyway...

I found this  if you can make heads or tails out of it.

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc/01207157767