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Changes to Rating Scheme Affects Already Granted %?

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glashutte

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Hi All,

Does current or future changes on how VA rates disabilities apply to ratings previously granted to us?

For example I have a 30% disability rating for GERD due to certain guidelines of symptoms. If VA says one day, 'let's change these guidelines so whoever has the 30% symptoms will now be granted 20%'.

 

Does something like this apply to ratings already given to service members, or only claims moving forward?

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15 minutes ago, glashutte said:

Does current or future changes on how VA rates disabilities apply to ratings previously granted to us?

For example I have a 30% disability rating for GERD due to certain guidelines of symptoms. If VA says one day, 'let's change these guidelines so whoever has the 30% symptoms will now be granted 20%'.

 

Does something like this apply to ratings already given to service members, or only claims moving forward?

It would not change any rating already rated unless the veteran file for an increase after the new guidelines are changed and in effect.  All ratings prior to the change in regulation or laws will not be affected.

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11 minutes ago, pacmanx1 said:

It would not change any rating already rated unless the veteran file for an increase after the new guidelines are changed and in effect.  All ratings prior to the change in regulation or laws will not be affected.

That's great news. Thanks for clarifying this

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Actually, when you put in a new claim, where the ratings guidelines have changed, the new guidelines will not effect your current rating if your request for an increase is denied. The VA is required to insure our ratings are at the maximum allowed by law,, and that we receive the maximum compensation allowed by law. For example I have a 60% back rating from 1999, this also included a dropfoot rating, but the back and dropfoot were considered as one disability for rating purposes. while  I was given a K award for loss of use of the foot ( but again not a seperate rating for the foot). Now say I decided to request a new rating because I felt my back condition has worsened. Under the most recent rating guidlines for my back injury, I could be rated seperately for siatiaca, drop foor and my back. But because the rules require bed rest to get a 60% rating for the back, I would not qualify for an increased rating, ( doctors usually do not prescribe bed rest for back injuries anymore),   while the va would be required to review the ratings for a separate drop foot and siatiac nerve the ratings would be low, and I would not receive the compensation I receive now.. In other words, unless I can actually receive a rating higher than 60% the va will continue to rate me under the older rating schedule, and they would not rate the other issues seperately.  This is because I would lose compensation under the newer rating requirements.

 

It is also true that new rating guidlines will not affect an old rating as long as the disability remains static. As an example the va was giving 50% for use of a cpap machine, under the new guidlines they will not give 50%.  As long as you do not ask for a review, your rating will remain at 50%. If you request a higher rating and it is denied you will continued to be rated under the old rating schedule at 50%.

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