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AQ81 Proposed Rule Change for Mental Disorders
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Question
grayling12
I have been reading the proposed rules for mental disorders and am curios as to whether I fully understand what they are saying.
My take on it is that they are adding a 10% rating and getting rid of the requirement that you can't work and receive a 100% rating.
This sounds good, but!
I am also reading that they are changing the general rating formula to include domains of functional impairment. These domains are based on cognition, interpersonal interactions and relationships, task completion and life activities, and navigating environments. Assigning a disability rating will be based on level of impairment (0-4), 4 in one or more domains or 3 in two or more domains is 100% etc.. It states "this criterion should generally lead to more generous compensation for veterans than the current rating formula", but!
It states that ability to work will be considered as well as the ameliorating effects of taking medications. In other words it sounds to me that if you hold down a job even with accommodations then they will count that against you. If you are taking medications and they help you, they will take that into consideration in lowering your rating as well as they will only rate the level of impairment above what the meds help with.
Does this sound like a correct interpretation of the rule change?
If this is correct then the only veterans that will benefit from this are vets that are so messed up that they can't work, as well as anyone that doesn't really want to get a job, this statement isn't meant to offend anyone, but is my interpretation. If you have to work to provide health insurance and financial support for your family then it sounds like you will be punished for it with a reduced rating. They are taking out the requirement that you can't work and receive 100%, but at the same time, if you take meds and hold down a job how would you ever qualify for 100% rating? Am I missing something or is my interpretation of the rule change correct?
I would like as much feedback as possible. I want to know if i am misunderstanding the changes or not.
I realize that this is mental health related but would it be possible to leave it in the general forum to receive more feedback. If not then that is fine too. Thanks.
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Tbird
Case File Jones v. Shinseki, 26 Vet. App. 56 (2012)
Dustoff1970
Here is just one of several examples of Fed Appeals circuit court and U.S. CAVC court decisions that I have read over the years stating that supposed medication improvement effects for a veteran's ser
El Train
I welcome the proposal to be able to work with 100% mental rating. I'm rated at 100% ptsd/tbi and have been working all along. I didn't hide it from anyone regarding VA. I work in a sheltered envir
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