VA Preposes changes in rating disabilitys

[Buck52]

The Department of Veterans Affairs is proposing changes to the VA Schedule for Rating Disabilities specifically pertaining to the respiratory, auditory and mental disorders body systems.

 

The proposed updates to the rating schedule for these conditions will enable VA to incorporate modern medical data and terminology to provide Veterans with more accurate and consistent decisions.

 

Veterans who currently receive compensation for a service-connected condition in these body systems will not have their disability rating impacted when the VA Schedule for Rating Disabilities is updated. Updating the rating schedule allows Veterans to receive decisions based on the most current medical knowledge relating to their condition.

 

By incorporating modern medical data in the assessment of disabilities and how they impact earning capacity, Veterans will receive evaluations which more accurately compensate them for their service-connected disabilities. Proposed updates include:

 

Modernizing the evaluative rating criteria for sleep apnea, using developments in medical knowledge to evaluate it based on its responsiveness to treatment, bringing the rating criteria for sleep apnea more closely in line with the stated purpose of the rating schedule.

 

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

 

Evaluating mental health conditions based on a more robust and holistic approach that assesses how impactful the disability is to cognition, interpersonal relationships, task completion, life activities and self-care. Additionally, the proposed evaluation criteria include a 10% minimum evaluation for having one or more service-connected mental health conditions and will no longer require “total occupational and social impairment” to attain a 100% evaluation.

 

No change to a Veteran’s current rating would occur due to these proposed changes. If the proposed changes are finalized, Veterans who currently receive compensation for a service-connected condition can apply for increased compensation, but no reductions shall be made unless an improvement in the Veteran’s disability is shown to have occurred.

 

The public has 60 days to provide comments to VA regarding the two proposed updates via the Federal Register notices located here and here.

 

Thomas J. Murphy

Director, Northeast District

Performing the Delegable Duties of the Under Secretary for Benefits

If you know a Veteran who is in crisis, call the Veterans Crisis Line at 1-800-273-8255 and press 1.

Source:  

Veterans Benefits Administration 

 

Edited February 16, 2022 by Buck52

[Rivet62]

23 minutes ago, Buck52 said:

No change to a Veteran’s current rating would occur due to these proposed changes. If the proposed changes are finalized, Veterans who currently receive compensation for a service-connected condition can apply for increased compensation, but no reductions shall be made unless an improvement in the Veteran’s disability is shown to have occurred.

It sounds like some parts will cause lower ratings for future claims, like "the underlying disease causing tinnitus instead of a stand-alone disability".

Edited February 16, 2022 by Rivet62

[Rivet62]

31 minutes ago, Buck52 said:

Additionally, the proposed evaluation criteria include a 10% minimum evaluation for having one or more service-connected mental health conditions and will no longer require “total occupational and social impairment” to attain a 100% evaluation.

What does this mean?  How do you interpret this part?

[Buck52]

6 hours ago, Rivet62 said:

It sounds like some parts will cause lower ratings for future claims, like "the underlying disease causing tinnitus instead of a stand-alone disability".

I'm not sure on this what the effect will do to veterans already service conneted and rated.? I hope nothing  , as for as I can tell its suppose to speed up the process with the new claims, this is not in effect  just yet  it's only a preposal.

The proposed updates to the rating schedule for these conditions will enable VA to incorporate modern medical data and terminology to provide Veterans with more accurate and consistent decisions.

They must like to keep us in the dark

[pacmanx1]

2 hours ago, Buck52 said:

I'm not sure on this what the effect will do to veterans already service connected and rated.? I hope nothing, as far as I can tell it supposed to speed up the process with the new claims, this is not in effect just yet it's only a proposal.

Veterans' disability(ies)  ratings that were in effect before the change will stay in effect and the change would only effect new decisions.

It is called Grandfathering In: A grandfather clause (or grandfather policy or grandfathering) is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in.

This is why I say get your benefits now, VA and SSA can come up with any change they want but any new budget would have to include all current recipients.  

 

Edited February 16, 2022 by pacmanx1

[Rivet62]

1 hour ago, pacmanx1 said:

Veterans' disability(ies)  ratings that were in effect before the change will stay in effect and the change would only effect new decisions.

What about ratings increases?   Do you think new increases would fall under these changes?  I've read somewhere, elsewhere on Hadit, that increases would fall under new changes. It had to do with 'grandfathering' somehow.

[john999]

I bet rating increases would fall under the new changes.  It might be "bait" to get vets to attempt to raise their mental health rating to Total and then reduce the current rating because when you ask for a raise they evaluate your original rating.  I think I should have a 100% rating for my MH condition but if I ask for the increase they might just reduce my 70% rating because I don't use VA for treatment.  It took 30 years to go from 10% to 70% TDIU.  They might undo that if I were re-evaluated today since I am retired in a pretty stressless life style.  I would not hesitate to claim new disabilites.  The VA usually does not adjust ratings just for our benefit.  Congress hawks are always looking to reduce the budget at the expense of those who depend on the government for their welfare.  If they can discard a couple of million vets from compensation rolls under cover without public becoming aware they would do it.  How can you trust these bastards after the tricks they have pulled over the years.