Proposed changes to 3 disabilities

[GBArmy]

The VA is looking for comments on changes to the disability criteria for sleep apnea (OSA), tinnus and for MH. On mental health, there could be some positive movement on symptoms criteria for the min and max ratings. Min could move up to 10% instead of 0%. Kinda hard for my brain to wrap around someone having a MH disability and it is rated as 0%. Max could be reached without having to meet all the criteria for 100%. 

https://mail.aol.com/webmail-std/en-us/suite

[Carl the Engineer]

"Evaluating tinnitus (ringing in the ears) as a symptom of the underlying disease which causes it, rather than as a stand-alone disability"

Examples?, underlying disease?

Hamslice

Looks at an attempt to make it difficult in the future to make a claim for tinnitus.

[pacmanx1]

In my own personal experience, I have been rated 100% scheduler P & T for well over a decade, I have had multiple claims on appeal and the VA has never brought up my evaluations. Even when the VA requested new C & P exams to determine my current level of disabilities, they never suggested to reduce my current ratings. Like this veteran, one claim on appeal the RO tried to reduce it but the BVA corrected them. I still currently have two separate appeals for EEDs pending. We all have to play their games if we want our benefits. Even you, though you don’t like it, is playing their games. It is what it is. This is how we win. Speculations on theories about a proposed regulation change is just a waste of time. As you stated, this proposal has not been past. My point was that the VA can’t (cannot) use a new rule/law to reduce a veteran’s rating, it would still fall under the old law even if the veteran file a new claim for increase. Some veterans do not understand that VA just can’t reduce their rating, the VA must show proof that the disability has improved, and the VA cannot use the new regulation to do it. Now if the VA determines that there was a CUE in granting the claim the VA can propose a reduction, but it still has to go through the right channels.

(D) The reviewer may grant a benefit sought in the claim notwithstanding § 3.105(b), but except as provided in paragraph (e) of this section, may not revise the decision in a manner that is less advantageous to the claimant than the decision under review. A review decision made under this section will include a summary of the evidence, a citation to pertinent laws, a discussion of how those laws affect the decision, and a summary of the reasons for the decision.

Edited February 17, 2022 by pacmanx1

[Vync]

@GBArmyIt looks like the link you posted is incorrect...

[GBArmy]

Sorry, the correct link is here https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5764

[broncovet]

This is not a change:

Quote

Max could be reached without having to meet all the criteria for 100%

 

I recall reading a law firm who said that, Veterans "are not" required to meet all the criteria (for 100 percent for Mental health).  

If you read the criteria, its clear the ones listed are "such symptoms as". ...not knowing one's own name, etc.  

These are "example" symptoms, and we dont have to have all of those to meet the criteria for 100 percent.  

The disturbing part of this is that they are calling it a "change", when it supposed to be that way all along.  If raters required "all" of the 100 percent symptoms in the criteria, its no wonder why Vets are frequently lowballed.  

Ditto for SMC L, such as "Aid and attendance".   Notice the operator "OR" in A and A criteria..not "AND", which means any of the criteria, not all.  

Quote

(a) Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance (§ 3.351(c)(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment. “Bedridden” will be a proper basis for the determination. For the purpose of this paragraph “bedridden” will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. It is not required that all of the disabling conditions

Notice this criteria is separated with "OR" or sometimes ;

This suggests VA does not understand the meaning of "OR".   In a similar way, the 100 percent PTSD criteria is full of "Or" or semicolons, which group the "or's" together.  

 

Quote

(a) Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance (§ 3.351(c)(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment. “Bedridden” will be a proper basis for the determination. For the purpose of this paragraph “bedridden” will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. It is not required that all of the disabling conditions

 

Again, the "Or's" mean that any of these can meet the criteria, all of them are not required.  

Still its disturbing VA is requiring "all" of the criteria to be met..

[john999]

When I first filed a claim for a MH condition the VA said I had schizophrenia . They were wrong but that is about as serious as a heart attack.  I got a 10% rating.  This is the VA in action.  Low ball vets with so-called serious MH conditions.  I am still at just 70% 50 years later.  Of course the have changed the DX ten times since then from Bipolar to PTSD to this and that but the rating remains the same.  I got 100% for other stuff so I don't let it bother me, but it did when I was 23 years old and was unable to work.