Thank you for the breakdown of the proposed changes. I had to medically retire due to a service-connected injury that led to Complex Regional Pain Syndrome (CRPS) and it ruined my life. I was very surprised that I am rated higher for Major Depressive Disorder than I am for CRPS. I'm at 90% now. My family tells me I should be at 100% and need to try for it. Part of me doesn't care but I know I need to take care of myself. I currently have a pain pump implanted in my back and am having surgery again next summer to replace the current pump. My pain mgmt Dr also wants me to get a Spinal Cord Stimulator. The pump just doesn't do enough for the pain. I was laid off 4 years ago and my boss told me I shouldn't be working because I never know when my pain will be elevated and when it won't be. Even though I had FMLA, she wasn't happy with the times i had to miss work. I was never happy with it either. I wasn't looking or asking for any of this. It's completely changed my life and not for the better. I have been on some interviews but I always inform them of my illness because I feel like not doing so, is dishonest but I'm also not getting hired. I don't know what to do.
Thank you for sharing. Sounds like you have had a very challenging time. Bringing scrutiny to your claim can be a risk when opening new claims and should be carefully considered as you decide how to proceed. Based on what you have shared, there may be an opportunity for you to apply for Individual Unemployability as one option. If this is of interest to you, visit the following link to learn more and to decide if this is path is right for you: vadisabilitygroup.com/total-disability-based-on-individual-unemployability-tdiu/
I received 30% around AUG for GERD, IBS, and gastritis with duodenitis w/o bleeding. Subsequently got a letter saying a MD would be reviewing my rating. Today I received a letter stating my 30% will be continuing.
Mr. Walker, Excellent video. Please address the following concerns. My question is specifically for GERD and IBS changes, but it also relates to the forthcoming mental health changes. Question, For those of us who fall under both (the old GERD, IBS, Hemorrhoids rating critera prior to May 19, 2024, and the new GERD, IBS, Hemorrhoids rating criteria after May 19, 2024), and who had an Intent to File (ITF) on file, prior to the May 19, 2024 new changes, how do you advise that we overcome the following unique scenerio? Unique Scenerio Veterans participating in C&P exams for GERD, IBS, where the examiner evaluates us with the old or new DBQ, but not both. For example, 1) I have an ITF for Dec 2023. 2) I submitted an increase FDC claim in Sept 2024 for GERD, IBS, and Hemorrhoids. 3) The C&P exams were completed for GERD, IBS, and Hemorrhoids; however, the examiner evaluated me using the newly updated DBQ dated May 19, 2024. I understand that VBA raters are suppose to evaluate us with the old and new criteria and rate us with the one that is most advantageous; however, if the only C&P DBQ that raters have are the newly updated DBQ, how can raters objectively assign what's most advantageous. Why am I asking this question? Because I am already preparing to hire your firm to represent me if I dont receive the most optimal rating😊. I strongly believe that VA should instruct C&P examiners to evaluate veterans (in my situation) with both (old and new DBQ's for GERD, IBS, and Hemorrhoids) to provide raters with medical opinions under both (the old and new) systems for optimum rating decision-making. Thoughts?
Thanks for the comment! Keep in mind that the VA is obligated to rate your claim using the criteria that is most advantageous to you. If you believe that the new DBQ is not accurately reflecting your condition, you have the right to challenge it. Providing additional evidence and seeking legal advice can strengthen your case. Should your decision come back as unfavorable, we would love to hear from you to see if we can assist.
Thanks for the video brother! Still in, can you make a video on the service members either getting both or not being able to get both military pay and VA pay turning it off and on.
Keep in mind that these are PROPOSED changes. There has not been an official change made to Sleep Apnea as of today. If you have a 50% based on the current criteria for sleep apnea, you will likely maintain that rating and no action is needed. If you have been considering filing, now is the time to do so in order to be rated under the current criteria. Hope this helps!
Mental health - already have 50% PTSD. Will this subject you discussed trigger a reevaluation of the PTSD? Or is PTSD a separate category?. or will the existing PTSD help the mental health assessment?
If the proposed change is implemented, it should not trigger an automatic reevaluation of your PTSD rating. If you have an open claim for mental health if/when the update is implemented, then the VA is supposed to rate you on the criteria that is most advantageous. As we discussed in the video, we believe the changes will lead to more favorable decisions for veterans that are seeking new mental health claims or appealing existing claims. that being said, it is wise to consult with a claims representative or attorney about your specific fact pattern to help you determine what the right steps for your claim are. Hope this helps.
Yes, and although there are new challenges with obtaining a GERD rating, we think the move to a unique diagnostic code for GERD will open unique opportunities for veterans.
Yes, you can potentially claim constipation as a secondary condition to your service-connected IBS if the constipation is directly caused by medication prescribed for your IBS. You'll need to provide medical evidence that clearly establishes the link between the medication, the constipation, and your service-connected IBS.
Yes, you can claim both IBS and hiatal hernia as separate conditions for VA benefits. The VA considers each condition individually and assigns a disability rating based on the severity of the condition and its impact on your daily life. This is not considered pyramiding, as each condition is evaluated independently.
We do not have any official dates for implementation at this time. However, we speculate they could be implemented within the next year or so. As is often the case with the VA, the answer is vague.
Yes, you can. These events are considered periods of active duty for training, and any injuries or illnesses sustained during this time may be eligible for VA benefits.
Raters typically rely on the medical evidence you provide them in your record. There are some instances where the will request additional medical information before they will make a decision, but you will be expected to provide that to them.
Nope, it's not too late. Remember, these are proposed changes. No changes have been made to sleep apnea yet. In fact, if you file now, you would fall under the current criteria, which is a 50% rating with the prescription of a Cpap.
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Thank you for the breakdown of the proposed changes. I had to medically retire due to a service-connected injury that led to Complex Regional Pain Syndrome (CRPS) and it ruined my life. I was very surprised that I am rated higher for Major Depressive Disorder than I am for CRPS. I'm at 90% now. My family tells me I should be at 100% and need to try for it. Part of me doesn't care but I know I need to take care of myself. I currently have a pain pump implanted in my back and am having surgery again next summer to replace the current pump. My pain mgmt Dr also wants me to get a Spinal Cord Stimulator. The pump just doesn't do enough for the pain. I was laid off 4 years ago and my boss told me I shouldn't be working because I never know when my pain will be elevated and when it won't be. Even though I had FMLA, she wasn't happy with the times i had to miss work. I was never happy with it either. I wasn't looking or asking for any of this. It's completely changed my life and not for the better. I have been on some interviews but I always inform them of my illness because I feel like not doing so, is dishonest but I'm also not getting hired. I don't know what to do.
Thank you for sharing. Sounds like you have had a very challenging time. Bringing scrutiny to your claim can be a risk when opening new claims and should be carefully considered as you decide how to proceed. Based on what you have shared, there may be an opportunity for you to apply for Individual Unemployability as one option.
If this is of interest to you, visit the following link to learn more and to decide if this is path is right for you: vadisabilitygroup.com/total-disability-based-on-individual-unemployability-tdiu/
I received 30% around AUG for GERD, IBS, and gastritis with duodenitis w/o bleeding. Subsequently got a letter saying a MD would be reviewing my rating. Today I received a letter stating my 30% will be continuing.
My mental health however was deferred.
Hi
Did you get rated under the old criteria (prior to May 19, 2024) or the new criteria (after May 19, 2024?
Thanks for the comment. It is helpful to hear other veteran's real time experiences with the new criteria.
Mr. Walker,
Excellent video. Please address the following concerns. My question is specifically for GERD and IBS changes, but it also relates to the forthcoming mental health changes.
Question,
For those of us who fall under both (the old GERD, IBS, Hemorrhoids rating critera prior to May 19, 2024, and the new GERD, IBS, Hemorrhoids rating criteria after May 19, 2024), and who had an Intent to File (ITF) on file, prior to the May 19, 2024 new changes, how do you advise that we overcome the following unique scenerio?
Unique Scenerio
Veterans participating in C&P exams for GERD, IBS, where the examiner evaluates us with the old or new DBQ, but not both. For example,
1) I have an ITF for Dec 2023.
2) I submitted an increase FDC claim in Sept 2024 for GERD, IBS, and Hemorrhoids.
3) The C&P exams were completed for GERD, IBS, and Hemorrhoids; however, the examiner evaluated me using the newly updated DBQ dated May 19, 2024.
I understand that VBA raters are suppose to evaluate us with the old and new criteria and rate us with the one that is most advantageous; however, if the only C&P DBQ that raters have are the newly updated DBQ, how can raters objectively assign what's most advantageous.
Why am I asking this question? Because I am already preparing to hire your firm to represent me if I dont receive the most optimal rating😊. I strongly believe that VA should instruct C&P examiners to evaluate veterans (in my situation) with both (old and new DBQ's for GERD, IBS, and Hemorrhoids) to provide raters with medical opinions under both (the old and new) systems for optimum rating decision-making. Thoughts?
Thanks for the comment!
Keep in mind that the VA is obligated to rate your claim using the criteria that is most advantageous to you.
If you believe that the new DBQ is not accurately reflecting your condition, you have the right to challenge it.
Providing additional evidence and seeking legal advice can strengthen your case. Should your decision come back as unfavorable, we would love to hear from you to see if we can assist.
Thanks for the video brother! Still in, can you make a video on the service members either getting both or not being able to get both military pay and VA pay turning it off and on.
Glad it was helpful. We will add this video idea to the queue! Thanks!
I had ibs so bad eventually led to total colon removal as a veteran never got disability
Always good gouge, thanks.
For folks already rated at 50% with CPAP, I'm assuming that we're grandfathered?
Keep in mind that these are PROPOSED changes. There has not been an official change made to Sleep Apnea as of today. If you have a 50% based on the current criteria for sleep apnea, you will likely maintain that rating and no action is needed. If you have been considering filing, now is the time to do so in order to be rated under the current criteria.
Hope this helps!
Great content
Glad you enjoyed it!
Mental health - already have 50% PTSD. Will this subject you discussed trigger a reevaluation of the PTSD? Or is PTSD a separate category?. or will the existing PTSD help the mental health assessment?
If the proposed change is implemented, it should not trigger an automatic reevaluation of your PTSD rating. If you have an open claim for mental health if/when the update is implemented, then the VA is supposed to rate you on the criteria that is most advantageous. As we discussed in the video, we believe the changes will lead to more favorable decisions for veterans that are seeking new mental health claims or appealing existing claims. that being said, it is wise to consult with a claims representative or attorney about your specific fact pattern to help you determine what the right steps for your claim are.
Hope this helps.
Confusing, a hiatal hernia is not narrowing, but a widening or bulge allowing regurgitating of stomach contents.
Yes, and although there are new challenges with obtaining a GERD rating, we think the move to a unique diagnostic code for GERD will open unique opportunities for veterans.
What if I’ve been seen for constipation from all the medicine that they prescribe me? Is this something I can claim for IBS secondary?
Yes, you can potentially claim constipation as a secondary condition to your service-connected IBS if the constipation is directly caused by medication prescribed for your IBS. You'll need to provide medical evidence that clearly establishes the link between the medication, the constipation, and your service-connected IBS.
What about IBS and Hiatal Hernia? Can you claim both w/o it being considered pyramiding?
Yes, you can claim both IBS and hiatal hernia as separate conditions for VA benefits. The VA considers each condition individually and assigns a disability rating based on the severity of the condition and its impact on your daily life. This is not considered pyramiding, as each condition is evaluated independently.
When will the new mental health changes take place.
We do not have any official dates for implementation at this time. However, we speculate they could be implemented within the next year or so. As is often the case with the VA, the answer is vague.
Cane I file a VA claim on something that happened while at summer camp or on drill weekends
Yes, you can. These events are considered periods of active duty for training, and any injuries or illnesses sustained during this time may be eligible for VA benefits.
Will a disability rater call my doctors and clinicians to talk about my issues? If so, how likely will this happen?
Raters typically rely on the medical evidence you provide them in your record. There are some instances where the will request additional medical information before they will make a decision, but you will be expected to provide that to them.
@@VADisabilityGroup copy that. And thank you
So is it to late to file for sleep apnea
Nope, it's not too late. Remember, these are proposed changes. No changes have been made to sleep apnea yet. In fact, if you file now, you would fall under the current criteria, which is a 50% rating with the prescription of a Cpap.
*¡you must minimize abbreviations!*
Thanks for the feedback. We will consider this moving forward.