Additional proposed changes to VA rules for mental

[Dustoff1970]

Here are links to information resources for  additional recent proposed  rule changes by VA to their schedule of ratings for mental disorders.        https://www.stripes.com/veterans/2022-02-16/veterans-affairs-disability-rating-system-mental-health-5045624.html

https://www.regulations.gov/document/VA-2022-VBA-0010-0001

Comment period ends on April 18, 2022

Edited February 27, 2022 by Dustoff 11

[Rivet62]

1 hour ago, Dustoff 11 said:

recent proposed liberalizing rule changes

"The department is also proposing a broader change for its evaluation of mental health conditions, basing the ratings decisions on a “more robust and holistic approach,” the department said. The agency will assess how the condition affects a veteran’s cognition, interpersonal relationships, ability to complete tasks, life activities and self-care."

It sounds to me like "robust" means more scrutinizing. Robust =  synonyms:  strong · vigorous · sturdy · tough · powerful

(of a process, system, organization, etc.) able to withstand or overcome adverse conditions.

They are raising the bar, imho. 

 

Holistic: relating to or concerned with wholes or with complete systems rather than with the analysis of, treatment of, or dissection into parts. 
holistic medicine attempts to treat both the mind and the body.

In my thinking, this holistic approach takes into account other factors that cause a current MH diagnosis, not isolated by just an in-service event.  In other words, all things considered, did these factors occur in service? In my thinking, it flies in the face of equipoise and reasonable doubt, or at least presents a strong framework of contentions.

I searched for something that can illustrate the point I'm making about this. I found this on the other forum.

 

III.iv.5.A.9.f.  Example:   Evidence in Equipoise
 

Evidence supportive of the claim includes the July 1991 opinion of Dr. T., who treated the Veteran for several years prior to his death, that posttraumatic stress disorder (PTSD) had been the major factor in the Veteran’s suicide.  Evidence against the claim includes the January 1992 opinion of the VA physician that the evidence did not point to PTSD as the actual cause of suicide and that the Veteran’s suicide had occurred in the setting of alcohol dependence, family breakdown, and depression.


An award of SC for PTSD is warranted based upon the facts of this case as the evidentiary balance is in equipoise. 

 

Take away the equipoise and what have you got? They are not attempting to change the legal rulings of equipoise, as that would take eons. No. It's much simpler to have medical evidence to the contrary in the form of a widely accepted "holistic" framework that better defines the diagnoses.

Quoting the quote on the article on Stars and Stripes:

“We’re in the process of modernizing the schedule to account for today’s understanding of diseases and treatments to ensure that veterans getting the ratings, and therefore the care and benefits, deserved,” he said.

I read this as saying, we're further defining what is deserved, based on today's understanding.  Today's understanding looks at everything and the benefits will be defined based on everything.

Soon, it will not be enough to point to in-service event(s) and a current diagnosis of the same, because today's understanding was not yesterday's understanding.

 

Edited February 25, 2022 by Rivet62

[john999]

Yes, Dustoff,  many years ago I let a C&P doctor lead me down the primrose path and right into a DX of personality disorder.  I was young and dumb and trusted the so-called doctor to do the right thing and I was so wrong.  I got it fixed via an IMO, and I had been service connected for depression for ten years.  If I had not been SC and protected I am sure the VA would have severed my SC.  Those mothers will use anything you say about your childhood or family life against you.

[El Train]

3 hours ago, john999 said:

 Those mothers will use anything you say about your childhood or family life against you.

Yep, they tried this with me.  Fortunately I knew where they were going so I didn't fall for it.  

I like the proposal of being allowed to work while being 100% mental condition.  It gives me peace of mind not worrying about a reduction since I'm working while being rated at 100% ptsd/tbi.  Even though I'm P&T, I'm sure a rater who ever reviewed my records could use this as an excuse to reduce.

[Mr cue]

First there is no rule that a 100% veteran can't work.

So I do see were the change is doing anything.

It will not effect anyone already rated.

Now the bad.

I think it will make it hard for new veterans an those who apply for an increase.

They don't use the old rules when u put in for a increase.

They will use these rules if pass.

So if you put in for an increase what will happen?

I will say they will either deny under the new rules.

Or they can say that your condition and records show improvement.

And order exams.

Now the ? Become which rules are they going to base the reduction on.

This is were the ppl who love the VA will say they will not do this to veterans. Yea ok

You can tell them the law and they will take care of it an there are rules they must follow to reduce you. Lol

Now there is me that see the game.

They are going to use the new rules and reduce.

Yes u can appeal and fight.

An Sooner or later at the court it will get remand. Because you are grandfather under the old rules.

But who want to go through all that.

It a set up. My opinion

They got they new paid comp exam doctors. All ready set up.

An they got rid of the bva phone number.

An they got there 1800 team in place to say we can't handle things at the board. 

 

I hate to say it but the system is changing.

An I feel bad because no one cares.

These big veterans group are about money and grants from the government.

They careless. My opinion

Look at the comp exam system.

They let it change to a ss and workman's comp system.

An have done nothing with the 100000 veterans  who have complained about it.

even the inspector general wrote a report about all the comp exams.

was it address no.

so the ppl to blame is these big veterans group that have headquarters in Washington.

and office in each regional office.

they are the one who are to fight for veterans and these changes an other things for us veterans.

but it is now a government good old boy thing now.

an the veterans are paying the price.

 

all my opinion other are ok to have there.

 

 

[Tbird]

 

VA Mental Health Proposed Changes Kept You Up? Let's talk about it...From Hill and Ponton

[broncovet]

Did you notice the "bait and switch" technique?  This means, "under the guise" of INCREASING our benefits, there are DECREASES, too.  Specifically, it sound like they are eliminating, in many cases, 50 percent for CPAP use.  However, they indicated they wont reduce you if you already have a rating, but new claimants wont get 50 percent for CPAP use in most circumstances.  

Quote

Veterans with other conditions would receive lower disability ratings under the proposal. Some veterans suffering from sleep apnea would not receive any compensation under the proposed rules. If a veteran has sleep apnea but is fully treated by a CPAP machine, they would get a rating of 0%. CPAP machines are worn over the nose and mouth while sleeping and deliver a continuous stream of pressurized air.

 

They try to hide the bad stuff in the fine print, buried under the headlines about increasing benefits.  

Edited February 26, 2022 by broncovet