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If medication successfully treats your condition, or lessens the severity, how do ratings work?

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Wico1337

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Hello all,

Ever since the desert, I have had weird migraines and extreme pressure/pain in ears about once every month-2 months. I have been to the VA doctor many times for this and they tell me my ears just have wax, or that I have an ear infection. After 2-3 days the issue always goes away. Their water blasting my ears and medications never help with the ear pain. I also get Migraines with the classification of "prostrating" where I am in extreme pain and I have to lay down in darkness. Finally comes the issue of coughing and clearing throat. For the past 8 years, I have been in a constant state of feeling like i have to cough up stuff, but nothing ever comes up. I had lung tests done long ago and my doctor told me that since the test results for breahting/lungs didnt reveal anything, theres nothing she can do and its probably my weight that is causing the issue.

Fast forward 8 years of this happening and my VA doc not caring, I get a new doctor. I tell her my frustration of the coughing and ear issues/headaches. She tells me to start taking Zyrtec and Flonase. After one week, I noticed that my throat issues and coughing are gone. I also no longer have ear pain. I still have slight migraines but they are not nearly as severe. My new doctor also scheduled me for an ENT exam where the ENT specialist called me and asked me of my symptoms and such. I told him that the zyrtec/flonase has fixed all of my issues. He immediately diagnosed me with Allergic Rhinitis. Pretty cool, I hear that thats some sort of presumptive condition. So I filed for that one. 

My question is... Now that Migraines have been improved with the medication, do I not get rated for the prostrating condition of my Migraines? The ear pain has subsided with the meds, so I dont think I would qualify for a VA rating for the ears. But how does a rating work if taking medications for your VA service connected issue reduces the severity of a condition? Would the Rater rate you at your condition with the improvement from meds? Or would they rate you at your condition which forces you to take meds at the severity of not taking the meds?

Does this mean that if you have a condition and take meds, which fully fix your condition, do you get rated at the lowest severity of the condition regardless of the extreme severity before?

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SEC. 406. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN DISEASES ASSOCIATED WITH EXPOSURE TO BURN PITS AND OTHER TOXINS.

(a) Short Title.—This section may be cited as the Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2022.

(b) In General.—Subchapter II of chapter 11, as amended by section 302, is further amended by inserting after section 1119 the following new section:

§ 1120. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins

“(a) Presumption Of Service Connection.—For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service.

“(b) Diseases Specified.—The diseases specified in this subsection are the following:

“(1) Asthma that was diagnosed after service of the covered veteran as specified in subsection (c).

“(2) The following types of cancer:

“(A) Head cancer of any type.

“(B) Neck cancer of any type.

“(C) Respiratory cancer of any type.

“(D) Gastrointestinal cancer of any type.

“(E) Reproductive cancer of any type.

“(F) Lymphoma cancer of any type.

“(G) Lymphomatic cancer of any type.

“(H) Kidney cancer.

“(I) Brain cancer.

“(J) Melanoma.

“(K) Pancreatic cancer.

“(3) Chronic bronchitis.

“(4) Chronic obstructive pulmonary disease.

“(5) Constrictive bronchiolitis or obliterative bronchiolitis.

“(6) Emphysema.

“(7) Granulomatous disease.

“(8) Interstitial lung disease.

“(9) Pleuritis.

“(10) Pulmonary fibrosis.

“(11) Sarcoidosis.

“(12) Chronic sinusitis.

“(13) Chronic rhinitis.

“(14) Glioblastoma.

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15 minutes ago, worriedshrimp said:

this thread, at least for me, presents another question in regards to the new veterans bill H.R.3967 - Honoring our PACT Act of 2022. specifically the ruling on hypertension purportedly to began in october of 2022. at what level will pre - medicated hypertension/high blood pressure be measured? maybe someone with more knowledge of how the system works can chime in on this specific. noteworthy also are the many new presumptive issue for gulf war veterans and the like.

 

thanks again for this informative group of folks. 

The bill authorized it as a presumptive I haven't heard that there are changes with how its rated/calculated from how it is now. The PACT was only addressing presumptive service connection. 

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"Along with addressing the toxic exposure of veterans who served after 9/11, the bill will add hypertension to the list of presumptions. That will likely allow more access to care to veterans who served in the Vietnam War and were exposed to Agent Orange."

Read more at: https://www.kansascity.com/news/politics-government/article262497212.html#storylink=cpy

That is at best, poorly wrote.

So, will the presumptive, hypertension, be added to post 9/11 Veteran's, or just added to Vietnam Veteran's, or to both?

Need to spend a bit more time with the ABC's,

Carl

Spoke too soon.  Looks like I might have to do some research..

"The two senators said that 23 illnesses, including hypertension, would be presumed related to burn pit exposure when it comes to providing disability compensation."

 

Edited by Carl Bacon
cause
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