On February 15, 2022, The VA proposed sweeping changes to its schedule for rating disabilities (VASRD.) The proposed changes would impact how the VA rates ear, nose, throat, auditory, and Mental Disorders.
The VA allowed a 60-day grace period for veterans and the public to respond to the proposed changes, during which Congressman Jim Costa made an inquiry into the matter regarding several concerns, including reports of veteran’s concerns about reductions associated with the proposed changes in rating criteria for Tinnitus, a spike in disability cuts, and reductions for veterans with Tinnitus.
News of the proposal has begun to resurface online within the past two months, hinting towards the proposed changes possibly going into effect this year or next.
Though the proposed changes seem likely, it should be considered that the VA has not provided an update following the initial announcement, causing some ambiguity regarding the details. Nevertheless, this may reflect the direction the VA and the VASRD are headed. Staying ahead of these proposed changes can help veterans be proactive in knowing how and when to file a claim, gather medical evidence, and retain their earned VA disability rating and compensation.
The Good News
In short, Your VA condition is Grandfathered in. The VA says, “No reductions shall be made unless an improvement in the Veteran’s disability is shown to have occurred based on the last schedule used to assign their evaluation.” In other words, “if” the proposed changes are implemented, your VA condition is protected unless your condition is found to have improved under an increase you applied for, at which point the VA would use the most recent rating schedule to reevaluate your condition.
The proposed changes also would eliminate the 0% rating for mental health disabilities, increasing the minimum rating to 10%. The proposal also lessens the requirements for veterans to reach 100% for mental health conditions and “would get rid of a dated part of VASRD that prevents a Veteran from getting a 100% rating for a mental health condition if they are able to work.”
The Bad news
The VA is seeking to rate Tinnitus as a secondary condition under broader ailments such as Meniere’s disease, hearing loss, and TBI. Under the proposed changes, veterans who have not claimed Tinnitus as a standalone condition will no longer be able to do so. Instead, the VA would recognize Tinnitus as a symptom within the veteran’s broader ailment and provide service-connected compensation for Tinnitus through the disease to which it is attributed.
The VA also proposes changing the rating criteria for sleep apnea at the 0, 50, and 100 percent levels. The VA is proposing to rate sleep apnea on the basis of functional impairment and symptoms responsiveness to treatment instead of the current standard to rate sleep apnea largely on the basis of symptoms alone. Under the proposed changes, ” If symptoms are fully treated by a CPAP machine or other treatment, a Veteran would be rated at 0% and not receive compensation; the VA will award progressively higher percentage evaluations based upon how symptomatic the condition remains after treatment.”
How to Prevent the VA from Taking Away your Hard Earned Benefits?
Taking into account that top claimed disabilities by veterans like Tinnitus and sleep apnea haven’t been updated in the VASRD in over a decade, the VA could very likely be considering these changes. It’s also important to keep in mind that the average VA Claim for compensation could take up to a year, meaning that these changes, if implemented within the next two years, could soon impact claim filers. Veterans should remain prudent and study the proposed changes in the VASRD as they seek medical evidence and file their VA claim for disability. Doing so could make a difference in obtaining your desired VA disability rating and getting reduced.
Though the response period that the VA has allowed has passed, veterans against these proposed changes can still speak out about their concerns and fight these proposed changes by reaching out to their congress member. Check out the following link to find your congress member and voice your concerns. https://www.house.gov/representatives/find-your-representative
Reverences: https://news.va.gov/100285/va-proposes-updates-to-disability-rating-schedules-for-respiratory-auditory-and-mental-disorders-body-systems/
