Changes coming in April 2025

[broncovet]

    There are significant rating changes coming up in the spring of 2025, especially for sleep apnea, mental health disorders and tinnitus.  

         If you even might be eligible for a higher rating, or a new rating, my advice is to apply now.  Why?

        Generally, when the rating changes, the Veteran should get "the more favorable" (to the Veteran) of both the "new" and the "old" regulation.  That will all change in April 2025, because then you will be forced into qualifying "with the new" rating system, as you are too late for the old system.  

       In this example, by applying now, you would get to apply EITHER the new or the old criteria, whichever is more favorable.  But, if you wait, then you have no choice but to meet the "new Criteria", which could have unpleasant changes in it.  

       Dont take chances, apply right away, and get the benefit of the new and old rating criteria.

[pacmanx1]

I am all for every veteran getting their proper or earned benefits but once again it is the government biting off more than they can chew and swallow. It simply means that more claims would either have to be reviewed or filed and the VA can't handle what is already on their plate. So, with these new changes will they take priority over the current claims and appeals that been in the system? 

[brokensoldier244th]

Priority? Doubtful. If a veteran wants to claim under the new guidelines they will have to file a claim. There isn't going to be a 're-review' of claims just because of the regulation change. There wasn't under PACT, either- if a veteran wants to claim or appeal under PACT they have to file for it. 

[broncovet]

Exactly, Broken soldier.  The Veteran needs to know about these changes, and not to count on VA "doing a re review" for them.  Instead, the Veteran needs to apply, or re apply for these benefits if this applies to him/her.  

Its the same reason Vets need to apply for SMC when, at least some SMC should have been considered by VA at a previous decision, and it may have fallen between the cracks.  

However, if your condition worsens, and you need a and a. or deserve any of the loss of use benefits, you need to apply "even tho" some Vets receive benefits for these without applying.  

You cant expect VA to "watch out" for your benefits/finances if you dont.  

[Rattler]

Thanks for posting about this. I am currently working on my claim for exactly this one for sleep apnea, and maybe ED. I am more than sure it will take two or three years for them to get the implementing of it right. 

When they changed the rules for PTSD due to MST in 2017.  I got caught up in the 1st group that the IG  slapped the VA's hands for not implementing it right.  It took a trip to the BVA and a remand back to the RO to get it fixed.

I have another one I am working on that I am going to PM the Mods and Lem.  I want your input on this. Due to the sensitive nature, I do not want to post it in the open forum.

It took implementing the specialty trained group that brokensoldier244th is in for them to process the claims right.

11 hours ago, pacmanx1 said:

I am all for every veteran getting their proper or earned benefits but once again it is the government biting off more than they can chew and swallow. It simply means that more claims would either have to be reviewed or filed and the VA can't handle what is already on their plate. So, with these new changes will they take priority over the current claims and appeals that been in the system? 

I agree with you paxmanx1 the VA changes rules without the training to support the raters and folks like brokensoldier244th. And the hamster weel keeps turning again and again.

[broncovet]

What, Rattler?  Two or 3 years for VA to process your claim?  My VSO told me it would be completed in 3 to 6 months, and, unfortunately, I believed him.  He forgot to mention that 90% of claims are denied, and it takes mulltple (not one, but several) appeals to get it done and the benefits actually delivered to the Veteran.    I actually remember a Vet tell me "his" claim was 5years ago, 

and, of course, not fixed yet.  Similarly, I thought this Veteran was joking or exaggerating.  

When my claim "reached the 5 year point", I sent a 21-4138, pointing out I had applied 5years earlier. 

In Big Bold letters, thinking I must have been the rare claimant who slipped through the cracks and it took an "incredible" 5 years, assuming VA would now "notice" how long it had been and finish it up and fix the problem right away.  

 

Boy, was I ever deceived by my VSO and by VA citing time frames like "6 months" or less to complete a claim.  

The facts are that I applied in 2002, and my claim involved multiple deniels, first for service connection, next (about 3 years later) for disability percentage (VA thought 0 percent was good), then I was told I needed to apply for tdiu (start all over again with multiple, multple appeals, including whetheer my tdiu was "4.16A (meeting percentage requirements)  TDIU or "4.16B" tdiu, (extra schedular). adding about a decade to my claim all together.  

When we apply, we assume we are "applying" for TDIU.  NO!  We are applying for 4.16A tdiu only, and, we cant be considered for 4.16B tdiu unless the BVA forces the VA to consider 4.16B, because, its a policy of the VARO to "ignore" 4.16B TDIU, unless forced by the BVA. 

    Its built in delay of 5 years MORE or so, for Vets seeking 4.16B tdiu (not that I had a clue what it was) when I applied.  Specifically:

 

Quote

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

Did you catch this?  "RATING BOARDS" should submit ....not the responsibility of VARO, but that the Veteran must bear the burden of appealing for 5 years in a lengthy board appeal before consideration of 4.16b tdiu.  

Is this the claimant friendly VA they tell us they are?  If you want VA "to adhere to the established policy that all Veterans who are unable to secure and follow a SGE by reason of SC disabilities to rate them as total", yu have to add 5 years to your claim, because the VARO will ignore all 4.16b claims and, instead deny them as 4.16 A, not meeting the percentages.  ITS WRONG, and very unfair.  

All in all, after 2 tdiu denials, sc denials, zero percent "awards", and multiple, multiple other glitches,  it took VA 18 years from 2002 to 2020 to actually deliver my benefits.  And, Im not alone.  I know of only ONE Veteran who got their full 100 percent in less than 5 years, of the thousands I have communicated with on this forum since 2007.   

[Rattler]

Interesting. I have read this too. do rating boards exist? I was talking to Tbird on the phone when I read this and neither of us has seen a "rating board will include a full statement." Not that I am challenging the above but curiosity has my interest I would like to read one. Have you ever seen one?