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GBArmy

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  • HadIt.com Elder

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

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  • Content Curator/HadIt.com Elder
3 hours ago, Hamslice said:

"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.

Sounds like they are simultaneously trying to preclude tinnitus as a secondary condition. "If something else caused it, rate that instead..."

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • Content Curator/HadIt.com Elder

@john999And I bet they will continue to lowball with the initial "adjustment disorder" diagnosis by default, too...

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • HadIt.com Elder

That adjustment disorder is just a way to weasel out of DX-ing PTSD because PTSD has a more ominous outcome.  Contrary to the VA nobody has found a "cure" for PTSD.  There are treatments but no magic cures.

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  • Content Curator/HadIt.com Elder

@john999Bingo! And because it often is an initial C&P exam, they claim they cannot diagnose specifically or attest to the level severity because it has not been documented long enough...

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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3 hours ago, Hamslice said:

"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.

They mentioned hearing, loss if rated at 0% would be able to get 10% for tinnitus, but if hearing loss is rated higher at 10% or higher then the 10% for tinnitus wouldn't be warranted. 

Other causes of tinnitus are ear infections, head/neck injuries, medication....

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I was just reading through this and under these new rules, I would probably not be at 100% P&T.  

The OSA rule change is really big. Veteran's compensation would be based on the outcome of the treatment of OSA rather than being prescribed a CPAP. I have a CPAP and I'm rating at 50% but under this new rule I'd probably be at 10% because I get incomplete relief with the CPAP. 

Specifically, VA proposes to assign a 0 percent evaluation when sleep apnea syndrome is asymptomatic, with or without treatment. VA would assign a 10 percent evaluation when treatment yields “incomplete relief.” VA would assign ratings above 10 percent ( e.g., 50 and 100 percent) only when treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions. VA would assign a 100 percent evaluation only if there is also end-organ damage. VA proposes to include an informational note that defines and gives examples of qualifying comorbid conditions, i.e., conditions that, in the opinion of a qualified medical provider, directly impede or prevent the use of, or implementation of, a recognized form of treatment intervention normally shown to be effective.

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