Are you aware 38 CFR Chapter 4 is being updated frequently?

[Lemuel]

I had occasion today to look up 38 CFR Chapter 4 which is the Disability Listing Schedule.

The first time I searched I came up with a version updated 7/1/2024.  About an hour later, I went back to my search to download the version.  By then the update was changed to 7/17/2024.

My suggestion is to PACACT claimants to look through the listing of diagnosis.  If you do not know what the diagnosis is or if you are comparing to possible PACACT exposures, look up the "diagnosis" for getting a list of symptoms.  You may have symptoms of a condition you were not aware was service connectable.

I will be doing that for myself over the next couple of weeks.  Will post any new claims that I submit besides the 2 I have already submitted.  Bladder cancer and colon cancer.  The colon cancer is iffy.  The biopsy states "pre-cancerous if left will become cancerous."  The disabling part is the same as the bladder cancer.  Repeat exams for re-occurrence.

10% for bladder cancer.  No meaning on my compensation.  Expect the same for colon cancer maybe though the colon cancer is more to be feared because of malignancy fears.  The bladder cancer is aggressive but not malignant.  Meaning it keeps coming back but does not spread to other organs.

Edited July 19 by Lemuel
change auto word to correct word.

[brokensoldier244th]

This has been an ongoing project for about the last 3 years, started slower, but gradually they have been re-vamping and updating M21-1, M-24, the CFRs.......I get at least a few emails a week about something or another. 

[Lemuel]

Good to know.

[Tbird]

Over the past year, the VA has made several important changes to the 38CFR4 Schedule for Rating Disabilities. These updates impact how disabilities are rated and can affect the benefits veterans receive. This article will go over the key changes and what they mean for veterans.

Key Takeaways

• The VA has updated the ratings for digestive system disabilities, changing diagnostic codes and evaluation criteria.
• New diagnostic criteria have been introduced for respiratory system disabilities, affecting how these conditions are assessed.
• The evaluation process for Hepatitis C has been revised, including changes to rating percentages and examination protocols.
• New ratings have been introduced for liver transplants, with specific criteria for eligibility and post-transplant evaluation.
• Special monthly compensation adjustments have been made, altering eligibility and impacting veteran benefits.

Recent Amendments to Digestive System Ratings

Key Changes in Diagnostic Codes

In the fiscal year 2024, the VA made significant updates to the schedule for rating disabilities related to the digestive system. These changes are outlined in the final rule published on March 20, 2024. The amendments affect diagnostic codes 7301 to 7329, 7331, 7342, and 7345 to 7348. Notably, ratings under these codes will not be combined with each other. Instead, a single evaluation will be assigned based on the predominant disability picture, with the possibility of elevation to the next higher evaluation if the overall severity warrants it.

Impact on Veterans

These changes aim to provide a more accurate assessment of veterans' disabilities. By focusing on the predominant disability, the VA hopes to streamline the evaluation process and ensure that veterans receive the appropriate level of benefits. However, some veterans may find the new system challenging as it requires a thorough understanding of the updated diagnostic codes and criteria.

Future Implications

Looking ahead, these amendments could lead to more consistent and fair evaluations for veterans with digestive system disabilities. The VA will likely continue to monitor the impact of these changes and make further adjustments as needed to better serve the veteran community.

The new rating schedule for the digestive system is a step towards a more precise and fair evaluation process for veterans.

Updates to Respiratory System Ratings

The VA has recently updated the rating criteria for respiratory conditions. These changes aim to provide a more accurate assessment of veterans' health and ensure they receive the benefits they deserve. The new criteria include specific diagnostic codes and evaluation methods for various respiratory diseases.

New Diagnostic Criteria

The updated diagnostic criteria now cover a broader range of respiratory conditions. This includes new codes for chronic bronchitis, sleep apnea, and bacterial infections of the lung. The goal is to ensure that veterans with these conditions are properly evaluated and rated.

Veteran Feedback

Veterans have shared mixed reactions to the new rating schedule. Some appreciate the detailed criteria, while others find the process more complicated. The VA encourages veterans to finish their benefits claims within one year to be eligible for the new ratings.

Comparative Analysis

A comparative analysis shows that the new rating schedule is more comprehensive than the previous one. It includes more detailed criteria for evaluating respiratory conditions, which helps in providing a fair assessment of a veteran's health. This change is expected to improve the overall disability evaluation process for veterans.

Revised Evaluation Process for Hepatitis C

Changes in Rating Percentages

The VA has updated the rating percentages for Hepatitis C. Veterans with near-constant debilitating symptoms like fatigue, nausea, and right upper quadrant pain can now receive a 100% rating. This change aims to better reflect the severity of the condition and its impact on daily life.

Mandatory Examination Protocols

The new process requires a mandatory VA examination to determine the rating. Any changes in evaluation based on this or any future examination will follow the rules in § 3.105(e). This ensures that veterans receive accurate and up-to-date assessments.

Veteran Case Studies

Several veterans have shared their experiences with the revised evaluation process. Many have found that the new system provides a more accurate reflection of their health status. This has led to better support and resources for managing their condition.

The updated evaluation process for Hepatitis C aims to offer a fairer and more precise assessment, ensuring veterans get the support they need.

Introduction of New Ratings for Liver Transplants

The VA has introduced new ratings for liver transplants, aiming to provide a more accurate assessment of veterans' health post-surgery. A 100 percent rating is assigned from the date of hospital admission for the transplant surgery and continues for one year following discharge. After this period, the rating is adjusted based on the veteran's health status.

Eligibility Criteria

To qualify for the new liver transplant ratings, veterans must meet specific criteria, including the date of hospital admission and the nature of the surgery. The initial 100 percent rating is crucial for veterans during their recovery period.

Post-Transplant Evaluation

One year after discharge, veterans undergo a mandatory VA examination to reassess their condition. This evaluation determines the appropriate disability rating moving forward, ensuring that veterans receive the support they need based on their current health.

Long-term Monitoring

Veterans with liver transplants are subject to ongoing health assessments to monitor their condition. These evaluations help in adjusting the disability rating if there are significant changes in the veteran's health. This continuous monitoring is essential for maintaining the well-being of veterans who have undergone such major surgeries.

Special Monthly Compensation Adjustments

Eligibility Revisions

Recent changes have been made to the eligibility criteria for special monthly compensation (SMC). These adjustments aim to provide better support for veterans and their families. The new rules ensure that more veterans qualify for higher rates of compensation, reflecting their needs more accurately.

Impact on Benefits

The adjustments to SMC rates have a significant impact on the benefits received by veterans. The revised rates mean that veterans can now receive more financial support, which can help cover additional expenses related to their disabilities. This change is especially important for those who require constant aid and attendance.

Veteran Experiences

Veterans have shared their experiences with the new SMC adjustments. Many have expressed relief and gratitude for the increased support. These changes have made a noticeable difference in their daily lives, providing them with the resources they need to manage their conditions more effectively.

The recent updates to SMC have been a game-changer for many veterans, offering them the financial stability they need to focus on their health and well-being.

Changes in Rating for Pulmonary Tuberculosis

Updated Diagnostic Codes

The VA has revised the diagnostic codes for pulmonary tuberculosis to better reflect the severity and progression of the disease. These changes aim to provide more accurate ratings for veterans suffering from this condition. The updated codes include:

• 6703: Tuberculosis, pulmonary, chronic, minimal, active - 100%
• 6704: Tuberculosis, pulmonary, chronic, active, advancement unspecified - 100%
• 6721: Tuberculosis, pulmonary, chronic, far advanced, inactive
• 6722: Tuberculosis, pulmonary, chronic, moderately advanced, inactive
• 6723: Tuberculosis, pulmonary, chronic, minimal, inactive
• 6724: Tuberculosis, pulmonary, chronic, inactive, advancement unspecified

Evaluation Criteria

The evaluation criteria for pulmonary tuberculosis have also been updated. For two years after the date of inactivity, following active tuberculosis, veterans will receive a 100% rating. Thereafter, for four years, or up to six years after the date of inactivity, the rating will be 50%. For the next five years, or up to eleven years after the date of inactivity, the rating will be 30%. Following far advanced lesions diagnosed at any time while the disease was active, the minimum rating will be 30%. Following moderately advanced lesions, the rating will also be 30%.

Veteran Health Outcomes

Veterans with pulmonary tuberculosis have reported mixed health outcomes. Some have experienced significant improvements in their quality of life, while others continue to struggle with the long-term effects of the disease. Getting a disability rating may also make you eligible for VA health care and other benefits. The new rating schedule aims to address these disparities by providing more tailored evaluations and support for veterans.

Implications of New Rating Schedule on Overall Disability Evaluation

Combined Ratings

The new rating schedule has introduced changes that affect how combined ratings are calculated. Veterans with multiple disabilities may see adjustments in their overall disability percentage. This can impact their benefits and eligibility for certain programs.

Elevation Criteria

The criteria for elevating a disability rating have also been updated. When the severity of a veteran's condition worsens, the new rules provide a clearer path for increasing their rating. This is especially important for those with complex medical conditions.

Veteran Advocacy

Veteran advocacy groups have been actively involved in the changes to the rating schedule. They have provided feedback and suggestions to ensure that the new rules are fair and beneficial to veterans. Their involvement has been crucial in shaping the final amendments.

When VA issues an amendment to the rating schedule while an initial or increased rating claim is pending, ensure that examination requests (whether initiated by the veteran or the VA) are processed promptly to reflect the most current criteria.

Conclusion

Over the past year, the VA Schedule for Rating Disabilities has seen several important changes. These updates aim to better reflect the needs and conditions of veterans. By revising the ratings for various systems like the digestive and respiratory systems, the VA ensures that veterans receive fair evaluations and appropriate benefits. These changes highlight the ongoing commitment to improving the support and care for those who have served. As the VA continues to adapt and update its policies, it remains crucial for veterans and their families to stay informed about these changes to fully benefit from the available resources.

Frequently Asked Questions

What are the recent changes to the VA's rating for digestive system disabilities?

Over the last year, the VA has updated the diagnostic codes for digestive system disabilities. These changes affect how certain conditions are rated and may impact the benefits veterans receive.

How do the new respiratory system ratings affect veterans?

The VA has introduced new diagnostic criteria for respiratory conditions. This means that some veterans may see changes in their disability ratings, which could affect their benefits.

What updates have been made to the evaluation process for Hepatitis C?

The VA has revised the rating percentages for Hepatitis C and introduced mandatory examination protocols. These changes aim to ensure more accurate evaluations of the condition.

Who is eligible for the new liver transplant ratings?

The new liver transplant ratings are for veterans who have undergone a liver transplant. The ratings include criteria for post-transplant evaluation and long-term monitoring.

What adjustments have been made to special monthly compensation?

The VA has revised the eligibility criteria for special monthly compensation. These changes could impact the amount of benefits veterans receive.

How have the ratings for pulmonary tuberculosis changed?

The VA has updated the diagnostic codes and evaluation criteria for pulmonary tuberculosis. These changes aim to provide a more accurate assessment of the condition's impact on veterans' health.

[broncovet]

The VA has been "updating the 38 CFR's since forever".  Its like an Iphone, expect an update every year, but many/most keep their phones 3,4,5 or even 10 years or longer.  I mention this, because if you are P and T or over 5 years, a change in the rating schedule "should not be used against you" once you have your rating.  Instead, you may qualify for an increase "if ratings are liberalized", that is, you may suddenly qualify for new benefits with the changes.  

The Veterans benefit manual goes into details on this, feel free to read it, but Veterans with a current rating are generally grandfathered in, "UNLESS" congress votes to reduce Veterans ratings.  If onc or more congress critters did propose a bill to reduce Veteran compensation, this congress person would be tarred and feathered, and permanently banned from politics again, because there are about 17 million Veterans, and many more with famalies and supporters of Veterans.  It would be political suicide for any politician to propose a bill which claws back Veterans benefits.  

VA knows this, and uses it against us.  They want more money each year, even when they squandered billions the previous year on contractors and friends and family, or just plain waste.  Its incredibly difficult to cut waste from government.  Its built in, and built in to continue, unfortunately.  And, even tho Veteran population has declined from about 25 million to 17 million (about 32% fewer Veterans VA needs to provide services for) the VA budget grows every year.  Part of this is inflation (such as COLA increses), and part of this is medical technology increases, and part of it is for additional benefits, but still, much of it is squandered on things like parties for VA employees, and just plain waste.  As an example, VA has gotten billions of dollars probably on 4 seperate occassions, to "update Va computer systems".  Much of that money has resulted in pretty much no benefit to Veterans, but, some of it has been put to good use, such as the letters section in e benefits/va.gov.  

     Previously, when you wanted to "provide proof" of VA disability for benefits such as state provided property tax exemptions for disabled Vets, you had to ask for your VARO for a letter, which could take months or years.  Now, if you have some tech skills, you can print one out in a few minutes, provided that you have "premium " access.  

      Years ago, in my town, there was "1" (one)VARO representative at my VAMC, who would write you said letter, when you got to 100 percent "but" you had to know who to ask, and even if you can ask, and wait for that person to have time to make an appointment with you.  That is the way it was in about year 2006.  

      So, there have been gains in VA Information Technology that have been useful to Vets.  

       SSL (Still sadly lacking), however, is that Veterans "are not allowed" computer access to their real time records.  (VBMS records, aka the Efile). Only VSO's or representatives can have access.  This shows that VA does not trust Veterans, they only trust VA employees, VSO's, attorney's and the like.  Sadly, sometimes some Vets have shown VA good reasons to mistrust Vets, as some have been convicted of one or more counts of fraud against VA.  

        But that is not what it seems.  Becoming a VA employee, or a VSO, does not automatically mean you are a fine upstanding person, who wont commit fraud.  Instead, it actually makes it easier to commit fraud against VA if you work there or are a VSO.  BUT, "internal fraud" is dealt with by the VAOIG, which mostly quietly covers up the alleged fraud.    This is done to protect VA's ever increasing budget, because, if the massive fraud got out to the public, we would not want to give Vets still more benefits through the VA.  

       LET ME make this clear, however.  MOST VA employees are good, hardworking, honest people trying to do a good job for Veterans.   Unfortunately, they often work for big whigs who pull strings to enrich themselves, and are corrupt to the core.    Its like this in many organizations, however, besides VA.   VA does not have a lock on corruption, but they do have a great method of avoiding prosecution with its own "fox guarding the hen house", police force, aka the VAOIG.  

[Lemuel]

Used to update 38 CFR every year to 2 years.  The one I just experienced was 17 days.  Suspect that is catching up with the PACACT.