NEW - How The VA Will Rate Mental Health Based On The Changes To VA Disability
HTML-код
- Опубликовано: 10 янв 2024
- 🩺 NEXUS LETTERS:
MENTAL HEALTH
Dr. Prashant Sharma - Psychiatrist
📧 Email: prashant.sharma2@concisepsych.com
MUSCULOSKELETAL
Dr. Rachna Patel - Physician
📧 Email: nexusletterdoc@gmail.com
🧠 MENTAL HEALTH COURSE:
Take control of your mental health
www.concisepsych.com/a/214784...
Use code: “CivDiv” (not case sensitive) for 10% off
The CivDiv is not affiliated with the Department of Veteran Affairs, and TheCivDiv is not an accredited VSO claims agent or attorney.
🎯 Mission: EDUCATE and INFORM veterans to submit evidence-based VA disability claims.
#va #veteran #vadisability
🙌 IF YOU WANT TO SUPPORT CIVDIV…Become a MEMBER! / @thecivdiv
💎 Member benefits:
- Discord server to answer any and all questions
- Member only Live Q/As
- Early access to scheduled posts
- Any new comment on any video will be answered
This is very interesting. I agree - I actually think this criteria makes sense from an objective sense. Within psychiatry (or mental health), sometimes we struggle with subjective criteria especially when judging impairment. But this makes it a bit more concrete. Thanks for this information, Clay, and great video!
- Doc
The man, the Myth, the Legend!?
Dr. Prashant Sharma with ConcisePsych speaks and IT. IS. SO!
Thank you for your psychiatry perspective. Something to keep in mind for Veterans and providers that…this is for VA RATING PURPOSES. Implement outside of healthcare. This is evaluation criteria only to determine severity.
Thanks, Doc!
- Clay
@ConcisePsych So what are the "cognitive functions?" How do Private psychiatrists detect them? How do they measure the "Adjectives" for impairment? Moderate? Severe? Total?
@TheCivDiv I'm 50% SCD for PTSD so I need to file for increase n it bumps to 70% by this new Intel?
Also, can I file for insomnia, depression, n Anxiety as separate claims?
I just got my 100% this past Friday, the rating specialist called me personally and told me that I'm permanent and to enjoy the rest of my life. Me and my wife were in tears, I've been battling this since 2010
Very happy for you ❤
I'm happy for you. I just got my W-2. s I had 6 jobs last year due to the fact it's difficult for me to make adjustments.
Congratulations
Wow...thats just amazing. You couldn't ask for a better result! I have NEVER heard of a rater calling a claimant with the results...much less expressing good wishes etc.
I'm waiting on a call like that, but since I don't take unknown calls.....lol...oh well.
How long did you wait for that call, and is that typical to receive that phone call? Congratulations!
You do an outstanding job explaining everything Jarine! 🇺🇸⚓️🏴☠️
Thank you, This is another great video. Your daughter's input was outstanding.
Ha! Thanks 😂 I’m hoping she keeps her input to herself a little bit more
- Clay
Thank you for this video. This video single handedly asissted me in obtaining my 100% in my C& P EXAM for mental health ❤️. Now, I can get the help I need for me and my family ! Keep doing what you do brother !!
Thank you for all you do!
Thank YOU for commenting!
- Clay
thanks for being on top of this
Hey thanks! Thank you for commenting (and twice)
- Clay
Brother thank you so much for the selfless sacrifice you make taking time from your life to share with us fellow veterans 🙏🏽 ❤️ you are a true American Hero 🇺🇸
Again Thank You 🫡
I deeply appreciate this and thank you! My wife says thank you, too.
- Clay
Great breakdown!
I got my mental health C&P exam next month. Thank you for this 🙏🏾
I’m going to link a MH C&P exam walkthrough: ruclips.net/video/mA_nDF4BzNE/видео.htmlsi=-Q6nQTzZ0JPvzC5o
- Clay
They made it easier for vets that actually have issues
It seems to be more objective v subjective.
- Clay
I'm scheduled for my cnp depression next month. Thank you,
Hey, don’t pay attention to this!!! You need to watch these 2 videos:
70%: ruclips.net/video/7zb7UfYHdc0/видео.htmlsi=N60Gb_t_4VhYZ5_V
C&P: ruclips.net/video/mA_nDF4BzNE/видео.htmlsi=llurMQUoZSdEXl7h
- Clay
@@TheCivDiv Ty,
Wow! So informative thank you so much!!
Hey thanks! I talked about you on a post from a mutual friend of ours.
- Clay
@@TheCivDiv what!? No way!! Where can i find this!?? :-) 😊 and seriously, i think i can confidently speak on behalf of all vets: I APPRECIATE EVERYTHING YOU DO! So THANK YOU!
One thing veterans should talk about is how they might got two weeks before taking a shower do to depression. That falls under self care. Or warring the same clothes for a week straight. Something that a lot of us do with serious mental health issues
Agreed. However, don’t game the game.
- Clay
@@TheCivDiv just pointing out what most vets seem to leave out.
This actually seems to be a lot easier to understand and simpler to work with. I'm surprised with how many things I been hearing about them making things more difficult in other areas, it nice to have some good news for those with MH issues!
This is a good move IMO. It’s not completely objective, but it’s certainly less subjective that the current criteria.
- Clay
I'm very suspicious when the government makes its easier to get anything, there's something behind it somewhere
Thank you for this. This is great news and a win for mental health. And that is great advice to not go to an appointment in pajamas if you don't wear your pajamas everyday. Do not attempt to fraud the system this way.
Had my C&P today for mental health increase and I had to fill out a form similar to this with those questions and afterwards I had my 1 on 1.
Well the symptoms are the same from old to new - no change. It still uses DSM 5 criteria and that’s what we skipped over in this video. The evaluation of those symptoms is what changed.
- Clay
Yea. They do this now on the C&P exams, good info. They will run some exercises by you and see how much you can remember.
Well, memory loss is still part of the current criteria and that is definitely blind to happen for those with evidence of TBI. No change on that front.
- Clay
@@TheCivDiv thanks, it’s all such a big secret until the rating is decided. I wish they let us read the DBQ’s they upload to our files.
I believe this method clears up a lot of issues. In my case, im at 70%... under this system would be 100%
And that could open more doors to SMCs, etc…thank you for sharing!
- Clay
I'm at 50% myself and this would put me at 70%...which then would put me in the "hundo" club with my other ratings I have.
Same here
I'm lowball rated at 30% now. Probably should be 70 or higher. Under this 100% seems reasonably in reach. But the raters just have to say everything is mild and it goes nowhere still.
Thank you for giving a great explanation of this. Have you heard anything about when this may take effect date? I you are working to submit a supplement for Mental health in the next couple of months would it be better when develop for personal statement plus get your legal Medical Nexus letter. Would it make a difference if you laid your documentation for the new format?
I wouldn’t recommend an IMO (private nexus) without looking at the decision at a minimum. No one knows when this will go into effect. Some say the summer, I say end of this year, Veteran Info Tap says next year after the election 🤷🏻♂️
- Clay
I've got a 50% rating for ptsd/anxiety as of now and am going for a c&p exam next week that was scheduled for me. it looks like they are doing a review of my rating (requested services are dbq psych ptsd intiial, psych dx interview, behavior assessment or reassessment, etc)? Anyways I feel like its possible that I may be in the 70% category, would I need to file for an increase for that to happen or could the va possibly make that determination and change based on my c&p exam results?
I hope it’s easier. I entered the military as a perfectly mentally healthy human, 6 months in and I was jacked up. Stayed that way long after I’d gotten out.
Yea that Bootcamp chow will really do a number on ya. Nerd
You need to come up with more creative story to scam va
This is much easier to relate to, and understand for me this way. I kind of thought I would be around 70% on the current scale, with all my current evidence, but believe definitely 70% on the new scale. But since my claim most likely will be decided before the new scale is implemented, it's any body's guess what my rating will be above my current 30% rating for MH/MDD, and really need to get the DBQs for that C&P Exam, to give myself some kind of idea before the final rating. Probably like most, if every day was a better day, I'd of had a fully developed claim, but that is not reality, so I/we do the best I/we can, when I/we can do it.
I feel ya. Keep in mind if give a lower rating…gather your evidence and prepare for this ‘new’ rating change.
- Clay
The old scale has many holes in the criteria and that leaves the Vet in a quandry. Always remember everything you say is related to your WORST DAY!
Thank you for this information. I am currently rated at 70%. Yeah, I'm pretty bad off. But, according to these new standards, I will rate a level 3 in at least TWO of these categories. I fully intend to request a reevaluation.
While we're waiting, continue to gather that evidence to show cause for the increase.
- Clay
@@TheCivDiv Will do!
I just had my first session with a psycologist today. Last deployment was in 2011. My wife made me go. After a couple more sessions i think im going to go for my claim. I know ive got 70% in the bag. Getting a four on one of those may be a stretch for 100% we'll see. Biggest issue, even though ive proven twice i cant complete school, ive never gotten fired from a job. But i am struggling in certain aspects with my current field. I have been thinking of stepping away from it as the paperwork is becomming too much for me to handle. Not even sure what job fields i could tolerate...
If you have the in-service event (which it seems like you do) and you have the documented symptoms (which you do) then I would submit a claim RIGHT NOW. This video is for future criteria. You need to watch how the VA rates Mental Health at this very second.
70% Symptoms: ruclips.net/video/7zb7UfYHdc0/видео.htmlsi=4ilie0VaiIAorgHH
C&P: ruclips.net/video/mA_nDF4BzNE/видео.htmlsi=JtxvC6Pyt_Lj_45k
- Clay
I've gotten in touch with someone around me who works with vets. I'm hopeful. But I've been through the VA before and gotten shafted. I have a tbi that was documented as loss of consiousness that they denied even though I had the BAS chief report from the IED. I also didn't get a purple heart from it (fits the criteria) and had to stand in formation for my boys who were in the same truck get theirs lol...it's been a shit storm for me of bad luck. Meanwhile there's retards from the airforce that never left Kyrgyzstan get 100% PTSD from their three month deployments...it's just crazy and I'm super nervous about ripping this band open
At least get that Intent To File (ITF) in ASAP while you get your medical together... Good luck!
poop on your bosses desk
My mental health exam was interesting, it took a total of 50 minutes. The VA examiner seemed to check for honesty of my answers and also tried to trip me up by anxiety symptoms being caused by something other than service. The rating criteria for mental health doesn’t feel quite right to me as individual symptoms can greatly vary and my severity can look entirely different from someone else’s.
Question? Does this mental type C&P exam exclusively pertain to regular mental status; like depression or chronic adjustment disorder? Or does it also apply to PTSD & MST? If PTSD & MST are different; how are they going to rate them? Thanks. Not sure if this deserves a separate video. Looking forward to your VA disability videos. Great information and much appreciated. I help active duty members here in Japan, mostly Airforce personnel traverse thru the “BDD” Benefits on delivery discharge process transition.
First off, these are the new proposed changes so you need to refer to the current criteria and I’ll link that below.
Symptoms are the same and what will be different is the process of your claim and a Psychiatrist (most likely) conducting your exam or at least a supervised clinical psychologist.
70%: ruclips.net/video/7zb7UfYHdc0/видео.htmlsi=0awwTKuJcqWd3f5L
C&P: ruclips.net/video/mA_nDF4BzNE/видео.htmlsi=BuUlfDSMPRyt34xI
- Clay
Any possible guidance on letter from the Va- requesting stressor details/ medical evidence/ personal trauma event.
If I have a current rating and then apply for a secondary issue to PTSD, will they reconsider the PTSD which could be good or bad depending. Thx.
Further research on the new mental health rating, it does appear easier as you do not have to prove impairment in all domains if I’m not mistaken.
Correct.
- Clay
where can i get a copy of this document?
I will definitely get 100% w the new rating system. Setting at 70% had the examiner fumbling around herself looking for that Hotline number
You almost have to be in a rubber room for the 100 bro.
I currently have 30 percent for mental health. How do I file for an increase? Do I need a nexus letter?
What about those of us who have lived broken for 20 years without getting help, muscling through, crying in our cars, avoiding all stress, avoiding people? Those of us who can't show we have been to an MD? Do we even try to get help from the VA?
@@TexasAlamo help him scam the VA please 🙏
@imveryhungry112 you fell once Alamo gonna fall again?
I got out 2011, diagnosed by the VA with MDD,GAD,ADD, medications in 2017. Never thought to try and claim anything but it’s not clear what’s covered even with Va Diag for mental conditions beyond 1 yr post service. I did file a first claim for my ankle and CSR in my eyes but natch denied. So it’s 13 yrs post service 6 years since VA diagnosis’ can I file a claim with any hope of getting compensation?
@@YouEverSeeAFrogKid Hey man its impossible to answer this because every case is so different. Do you have an in service event which might have caused this? Remember: the burden of proof at the VA is only "the condition is AT LEAST AS LIKELY AS NOT, related to your military service". That is not really a high standard. All you need is one VA C AND P EXAMINER doc to say at least as likely as not and you are approved.
Would the level report be in our decision letters? Or is this new?
Veterans stop stressing if you already have a current rating! Also chill out PT will not be taken or changed due to this
Not at all. Ratings are protected under 3.951(a)
Something to consider is will this open the avenue to higher ratings, especially those on the ‘high’ end of 70%?
- Clay
No periodically exams will be done for PT even if this takes place
@@ArmyVeteranNick correct. When I said “not at all” that was in agreement. My b.
- Clay
When I explained that I was made to carry two bullet riddle, bloody helmets around for three months by the battalion staff, which I had no involvement of those fellow soldiers death, wasn't even in their platoon or on the same mission, our first Sargeant said they wanted someone to blame for their mishandling of orders given which cost lives. I was rated for anxiety with moderate mood disorder. 50% C&P examiner even has it in my dbq. I hope this new rating regulation helps veterans get better decisions.
Not true if you open up your claims by filing a NEW claim.
So if I'm going to bh now 4 months out from ets date can I make a bdd claim for this and who is rating this on that scale would it be a c&p examiner or My active duty bh doc?
Clay, thank you for your explained short video as always!🙏 Yes, I agree one can get properly rated. My only concern is that since the VA is "generous", mental health will not be P&T anymore, and we have get evaluated periodically, that would suck, let's hope not. Once again thank you Clay!
Certainly possible to less ‘static’ disabilities and that is a valid concern that many people, including myself overlooked.
- Clay
Won't change anything and u will get it if the right person looks at it....otherwise we will be denied, nothing trumps the rater/decisin maker period...games are played with our lives and they wish we would just give up!
If i adjust my current rating for the new scale can they reevaluate my sleep apnea under the new rating as well?
I'm irritated as a spouse of a veteran. My husband has a few psych reports proving my husband should have been approved for 100%. We appealed the rating he has now but under this administration, it's still on a desk somewhere and it has been 4 years! No veteran should have to go through this. They deserve better.
Sad reality…BVA takes forever
- Clay
I wonder once this change officially takes place, will MH claim (new or increase) be rated with new vs old criteria based on Intent to File date vs when the claim was actually filed, (or if C&P exam was conducted etc).
It will be the current ‘old’ criteria.
- Clay
Are the DBQ going to change? I have one completed from Dr. Sharma and submitted with my claim back in May but haven’t had a C&P yet.
Yes, but you will be rated on the current ‘old’ criteria assuming this is final prior to your claim being final.
- Clay
We shall see
I’m excited
- Clay
Can I apply for a mental health rating which is not service connected?
If I just got a rating but filed back in November did I fall under this? Should I try to get more than 70%?
Can't wait to submit my BDD
When does this take effect? Or has it already?
The part that is unclear is the 25%. This system is similar to Paragraphs A and B of SSA'S Listings for SSDI. However, there is no mention of 25% in those listings.
What will come in clutch here is when the Veteran has evidence showing frequency and severity. A question I have is 25% of what timeframe? Is that weekly? Monthly? I would like clarification and I’m hoping the commendation period clears that up.
- Clay
Is it 25% of a day? Would it exclude the eight hours they say most people sleep?@@TheCivDiv
Great video. Quick question: for someone who is rated 70% for mental health and 50% for migrainesv+ 10% tinnitus (total percentage 130) VA rating is 90% P&T.. Could this new VA reg elevate the total percentage to 100% if the mental health rating increased from 70%? TIA
You would have to submit an increase and you would have to be rated at the 100% mark but, yes.
- Clay
So this is in effect now ?
When I review this on the Federal Register, it states it is still a proposed rule that was proposed Feb 15, 2022. You state that they are certainly going to go into effect but we are waiting to find out when. I like the new proposed ratings and believe I would qualify at 100% (70% minimum). My questions is: if it is only a proposed rule, who decides when it becomes an actual rule and then is instated? How can you guarantee that these proposed rating are definitely going to go into effect? I'm not being sarcastic... this is the first time I have even looked at the Federal Register and just hoping your response can help me understand it better. Thanks for all you do!
That statement I made is based off of a VA press release from earlier this year. Paraphrased, they said “…WHEN these changes go into effect” we just don’t know when. It’ll be the VA that makes the decision.
- Clay
Once again if you’re already rated don’t worry! You will be grandfathered in on everything new!
Correct!
- Clay
But what if you are trying to connect something secondary to MH?
@@pihimarine then it gets interesting. I’ll give you a short answer now but on Monday when I reveal some big news, you’ll have the answer in full.
Filing secondary to MH, you’re good. The VA still needs material evidence to change an evaluation when a rating change occurs. That material evidence has to show and ‘fit’ BOTH old and new criteria.
- Clay
@@TheCivDiv Big news coming on monday? Can't wait!
I am worried. Because all it means is they are fuking over new veterans which shouldn't be happening. Especially the tinnitus stuff.. what a fuking joke. We need to have a million Veteran march. Literally spending and giving away billions to illegals and other countries but are doing everything the can to scam veterans.
Is this rating criteria effective now? Also if one already has a rating, will it automatically adjust based on this criteria or would you need to apply for in increase?
No and your 2nd question is more nuanced and answered here: ruclips.net/video/Vw-u6RJfaf8/видео.htmlsi=iL0Wg__IqnoLJjuG
- Clay
When is this going to take affect?
If my c&p exam is this month for PTSD will this affect me ? I been studying the old way still social and occupational impairment
Nope and check these 2 out.
70% symptoms: ruclips.net/video/7zb7UfYHdc0/видео.htmlsi=cjZwI8obnISOjzU5
C&P: ruclips.net/video/mA_nDF4BzNE/видео.htmlsi=UMBggiaeuAiypt1i
- Clay
@@TheCivDiv Mr.civdiv, I had my c&p exam and it lasted an hour and 20 minutes. Doctor said I had a strong case. However I asked her if she thought I had PTSD (since I’m not a doctor) she said she was unsure and maybe adjustment. I was ordered a imo and dbq for direct service connection. My deployment diagnosis was insomnia, adjustment disorder with anxiety. I came home and diagnosed by clinical social worker of ptsd, mdd and insomnia. I had been prescribed ptsd medication 2 days prior to this c&p exam by a physiatrist but have yet to seen the notes online. What’s your opinion on all this? This is related to my combat deployment last year 2023
When is this go into affect? The new regulation.I just had my C&P on the 8th of December
Then you will be rated according to the current (‘old’) rating.
- Clay
@@TheCivDivwhen do the changes go into effect? Any date?
This is going to be huge for mental health. I it’s going to be way easier to get 70% or higher now
If one is 100% P&T will they adjust a percentage if it goes up? I’m 70% and this says it could go to 100 for just the one disability? If so this would put me in an SMC home bound status, but I think they don’t change if unless you submit a request, which would be nuts if you’re P&T.
No they will not and I would caution any Veteran submitting anything that is P&T. If your evidence is airtight, and this would open SMCs, then that’s a maybe. And when I say airtight I mean SUPERDUPER EVIDENCE-BASED to where the VA can’t lower your disabilities.
- Clay
have to go for increase
@@TheCivDiv thanks brother. Love your channel.
I am going to a c and p shortly for a ptsd I hope they use the old system
They will 100% and you want to watch these.
70% symptoms: ruclips.net/video/7zb7UfYHdc0/видео.htmlsi=HLxfYGZbjumeOSWx
C&P: ruclips.net/video/mA_nDF4BzNE/видео.htmlsi=pRKsYI1LY7-aYeuh
- Clay
Will this affect people who have an intent to file but haven’t fully filed? Hope that question makes sense lol
It could…I recommend getting that evidence and pushing the claim. Although, this new rating schedule looks pretty favorable for MH.
- Clay
So if I’m already rated at 70% how do I know what level I landed at? Could I possibly be rated at 100% now and not know and will the VA change my rating percentage for me if I qualify for the 100% MH? Or is the something I need to apply for. I don’t wanna apply for it if I don’t fall in a level 4
This is proposed and not final but the VA will not automatically rate you.
- Clay
@@TheCivDiv
Fair, but how can I find out how I got to 70% on my rating. I’m curious if I preemptively qualify or not. Either way I appreciate you getting back to me the content is very informative.
@@jonathenrelkin7439 I’m going to link a video talking about what 70% looks like. You can then take that, and the new criteria, and have a conversation with your healthcare team.
If you plan on submitting an increase, it’s best to get your evidence ducks in a row starting now.
- Clay
I’m at 70% I filed for TDIU. Should I withdraw that claim since it would appear that I would be rated at 100% under this system?
No. This change could go into effect this year, could be pushed to 2025, no one knows. Be properly rated and don’t let policy change your course.
- Clay
This is a good change.
Will the VA automattically increase your condition from your Medical Nexus on File?
So if a veteran is at 70 percent for mental health, will the percentage remain the same if these proposed changes go into effect or will the va come in and adjust the rating?
Refer to pinned comment for details and homework but…yes. You’re safe, don’t let old grumpy dudes on RUclips tell you that your not.
- Clay
Old combat Craig makes me mad with his negative energy
@@ArmyVeteranNick 👀 I didn’t say it 😂
- Clay
So are suicidal ideations no longer factored in?
Best way to file for an increase if I’m at 70% for mental health? Would it be automatic or do I have to file a new claim?
AFTER these changes are in effect, I’d you meet a higher criteria you would have to file an increase.
- Clay
How do you know for sure that these changes are coming?
They are 1000% coming. More to follow but in a press release the VA said (paraphrased) “…WHEN these changes go into effect…”
Check the channel on Monday, I’ve got some good news and this is a part of it.
- Clay
I have seen vets say they hurt their knees and was service connected and go off and play basketball. Seen vets ask primary care doctors to lie for them so they make more money.
Looks very similar to TBI DBQ
When does the new ratings go into effect?
No one knows
- Clay
VA got something right, I'm scared!
I was looking to see if you had a link to this document. When are these changes supposed to take effect, or is this just proposed changes?
You took the information and made it as clear as can be. This could be a good change for a lot of people.
What is the ICD-10 CM F3.3 diagnostic code mean?And if I see that in my health records does that mean anything?
Major Depressive Disorder and that’s an actual diagnosis.
- Clay
@TheCivDiv it said chronic PTSD and Major depressive disorder
@@TheCivDivty and I'm battling something right now
How does it work if you are on medication, and a lot of your symptoms go away. But if you go off medication for even a week you start falling apart and not eating, sleeping, and having suicidal thoughts? Would they still consider you not disabled because you are able to function as long as you are on powerful psychiatric medication?
You’ll find the medication piece for 30% but the VA will rate you based on your symptoms that require the meds. Solid your symptoms rate 50/70, then that’s what it will be…or that’s how it’s suppose to work.
- Clay
@@TheCivDiv Ok. i will file soon. Legit one of the main reasons im filing is that if I become unemployed, and therefore lose health care coverage through a job, I wont be able to get my medicine and -- I will lose control again. I am able to function in society as long as I can have my medication
i have mine tomorrow and im stupid nervous. i just hope for 70%
Check these 2.
C&P: ruclips.net/video/mA_nDF4BzNE/видео.htmlsi=94TlOq3F9ILgRi96
70%: ruclips.net/video/7zb7UfYHdc0/видео.htmlsi=qqQo_k6_uUgsHvnL
- Clay
How did it go? I have mine soon I’m so nervous
pretty much he just asked how everyday life is for me, asked if i had panic attackes. if i go out, etc
@@dt7202
Just to confirm - I am already 💯 service connected for mental health issues and I am P&T - this is ONLY for new claims?
You’re good, don’t fret. Don’t let a thumbnail and title tell you otherwise. Your rating is PROTECTED and safe.
For those rated for MH and not P&T, your rating is also safe unless you show material evidence for the VA to change your rating…BASED ON THE OLD CRITERIA.
- Clay
@TheCivDiv is this criteria now in place? I am planning when I should do a intent to file a claim. I currently have 70 percent and I am now jobless and do not leave my house. I like to be alone even family frustrates me.
So are they increasing an already rated ptsd claim if warranted?
The VA will never at any point increase a claim without being promoted by the Veteran.
- Clay
so will it be harder to go up in percentage with changes
Not for mental health - implied.
- Clay
Did my claims via BDD (Dec ‘23) and I retire 1 May. Will I be affected or no? Thanks!
You’ll be rated off the current criteria which is found here
70% symptoms: ruclips.net/video/7zb7UfYHdc0/видео.htmlsi=MfPcmJT8f2G50ZOS
C&P: ruclips.net/video/mA_nDF4BzNE/видео.htmlsi=MDSUmIzhvFx4D-JI
- Clay
@@TheCivDiv Thanks brother! It's a little nerve racking...and retirement. Thanks for all you do.
What happens if your effective date 6-26-2002 for 80% IU Permanent and Total
Nothing. Check pinned comment. This applies to all ratings, not just P&T or IU.
- Clay
How will this impact those of us who have recently (within the last few months) been rated with PTSD and other mental health issues (if at all)? Do you know?
Yes I do know and yes you’re safe 38 CFR 3.961(a)
- Clay
@@TheCivDiv ok thank you
What if you’re in process? Filed, completed C&P, but awaiting decision?
This is a proposal not yet official so for now you’ll be rated under the current criteria.
Even if final, you’ll be rated off the current ‘old’ ratings.
- Clay
This may seem like a silly question but would VA provided marriage counseling probably be held as medical evidence for a mental health claim? Me and my wife saw a counselor for some time and he was able to see some of the hardships we experience.
Some do. I’m at DC VAMC and they have community care marriage counseling.
- Clay
@@TheCivDiv thank you sir. Anything to use as evidence especially if it’s provided by the VA i plan on using to build my case. You’re doing amazing work 🙏🏽
This has changed to mirror TBI criteria.
On the higher ratings (3s and 4s) yes. On the lower, I’d argue it’s a bit easier to separate.
- Clay
@@TheCivDiv I'd argue that they made it harder to get a mental health rating, perhaps impossible. Sounds like you have to have an actual brain injury, not depression, anxiety, etc.
All honorably discharged veterans should get E-1 base pay for life or their disability rating, whichever is higher. All 100 percent P&T should automatically get SSDI
Eh, idk about that one. VA Disability doesn’t equate to ‘disability’ in the traditional sense of being disabled.
- Clay
What website is this? Thank you
Federal Register. You’ll need to sign up.
- Clay
@@TheCivDivthank you!!!
This proposed change is being aligned with American psychology psychology, and the VA like the rest of the government has old school thinking this now catching up to modern times and agree what modern medicine has established, the VA has no intentions on purpose to reduce or take away, anybody’s level of compensation just getting in line with modern times as I like to put it the problem with the government is that relies on old-school, thinking some of some good and some of it not good and it’s about time that the VA alone Congress had decided to come out and recognize the modernization of medicine itself, and the way things should be in line to the actual prognosis, only a small percentage that actually have mental disorders from mild to severe, but those were severe disorders are actually person of being bipolar or mostly extreme PTSD or experience or experience traumatic situation not only be being showed out or under fire harm by another fellow Person the enemy, such as rape, torture, verbal abuse all sorts of things affect a person we are thinking of mentally thinking, and sometimes it brings out the worse of the person so much anger has been built up inside of them the military tends to take a blind eye towards such situations Which makes it worse on the person sell the person is not coming out of military the way they were when they came in only worse may be better, but it all depends on the individual. Everybody has a unique life experience, and each individual has way of hand coping or handling situations, all comes down to the individual
Do you think they would adjust our rating automatically if applicable or only if we put in for an increase?
38 CFR 3.951(a) prevents the VA from changing your rating when a new schedule of ratings are proposed and finalized. Short answer, no.
- Clay
Looks like they took away suicidal ideation, I just got rated at 70% , highly depressed and other things. I wonder why they took away suicidal ideation. ?
I have 4 level 3s.... 1 level 2 rated at 70% WTF
This rating criteria isn’t final so you’re rated off of the current ‘old’ criteria which is found here for 70%:
ruclips.net/video/7zb7UfYHdc0/видео.htmlsi=bRPSomqEJuU1iJTr
- Clay
@@TheCivDiv How do we even know the level we were rated at on our original rating for 8 or 10 years ago? Does it say in the decision letter?
@@DERISNER this is proposed so you were rated on a ‘level’. You need to watch this video for current MH ratings: ruclips.net/video/7zb7UfYHdc0/видео.htmlsi=JOltxOqPtR1hZ3Vo
- Clay
@@TheCivDiv thanks Clay!
Obviously still pending approval, correct?
Correct. Proposed Feb 22. Comments complete April 22. Awaiting approval.
My guess is late this year. Others have guessed summer of this year. veteran Info tap suggests after election year (which is pretty solid).
- Clay
@@TheCivDivhoping this best guess timeline applies to sleep apnea as well..
Is it confirmed or proposed?
Commendation period ended in April of ‘/2 and it’s very likely these will come into effect soon. No one knows when, but my guess is end of the year. Veterans Info Tap made a good point about next year after election year.
- Clay
Some good news, I'm actually in the process of increasing my PTSD rating now.
Solid. You need to check these out and ignore this one.
70%: ruclips.net/video/7zb7UfYHdc0/видео.htmlsi=4oO1sMnBRElQ0TN2
C&P: ruclips.net/video/mA_nDF4BzNE/видео.htmlsi=oFNXnGIfR_RvHF46
- Clay
What if you are 100%
Nothing to worry about.
38 CFR 3.951(a) protects Veterans in this instance.
- Clay
Veterans please contact Dale Graham in Norman OK immediately to help with any of your questions or claims. Remember, you earned it and your benefits will go a long way for your family as well. Dale Graham knows all there is to know and will get you what you earned.
Is there a change for sexual trauma?
PTSD due to MST will fall within this same same schedule
- Clay
If you have a rating stop worrying… also, this seems to make a LOT more sense.
Correct x2
- Clay
You are not safe if you file a new claim..... only if you leave what you have alone.
@@jimmieburnett8543 refer to my other response to your comment. Also, with MH, it seems likely to award a higher rating. No sweat.
- Clay
I agree. But every time you file for increase you risk VA attempting to screw Vets. i am 70% mental health. 80% total... and on TDIU T&P . So no way do i file again to try for 100% scheduler. Because VA is out to screw us. My only point is you Rist your grandfather statis if you file for increase IMO. You are correct on being grandfathered and safe if you do not file anymore and leave things alone. This is just the way i see it. Do you disagree? @@TheCivDiv
@@jimmieburnett8543 yes… “don’t poke the bear.” The only safe claims are for dependents adding or taking off
They’ll just say it’s an adjustment disorder.
Regardless of the diagnosis, I’d service-connected, once this comes down the rating criteria will follow this schedule.
- Clay