Credible evidence about SA being reduced to 30%

oddpedestrian

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FYI the VBA is proposing some changes to the rating tables the big one that's coming down is reducing the maximum for sleep apnea from 50 to 30%. This has been talked about forever but now the VBA is moving forward with it I chose not to post in public as nothing bas been officially released yet not sure if there will be outrage or not. I'm guessing there will be since this is a such a golden egg for so many vets.
 

tony292

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How does this work? Say someone is already rated at 50% for OSA, the VA changes it, does that persons rating changed? Are they grandfathered? Or does the new rule change it for everyone?
 

SFC H

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And what would happen if SA at 50% was used to push the veteran to 100% P&T?
 

oddpedestrian

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It applies to anyone who has a date of claim or effective date after the change. Everyone before that date falls under the old schedule
 

oddpedestrian

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Im still unsure if the rating is getting busted down to 30% or with CPAP it will be 30%. It clearly says "with a cpap the max rating will be 30%" not sure if they are just making the 50% much higher to achieve or not. The whole cpap pretty much getting you 50% had to do with how big they were and how difficult it was to fly with them but newer cpaps are more compact.
 

Elementglt

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The change has not actually happened yet right? Just proposed?
Just talked to a va district rep (Northeast) and a vso for the VFW last week, and asked if there is any scuttlebutt regarding this. Both ensured me they know nothing and even if there is talk, goodluck getting it pushed though as law. Personally, I think its based on which party is running the U.S. However, I do not know what article (evidence) Oddpedestrian is referring to, but I'm sure he is preaching truth (he is here to help). Either way ill keep my ears and eyes open.
 

chaplaincharlie

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I am not to worried about a change.

" Sleep Apnea is a serious health condition. It is an important predictor of heart disease. It can cause you to fall asleep while driving, can lead to changes in brain structure, and can affect your ability to convert short-term memories into long-term memories." VA.gov | Veterans Affairs

There are many people that think sleep apnea is no big deal, they are very wrong! It can be deadly.
 

oddpedestrian

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@Elementglt

There is no law that has to be pushed through the VA already has the authority to modify ratings. The VA has developed a Schedule of Rating Disabilities (VARSD) the collection of federal regulations used by Veterans Benefits Administration helps claims processors evaluate the severity of disabilities and assign disability ratings. Attached is a screenshot of when the respiratory change will be proposed and final. Nov 2020 proposed 8/2022 final.

Half the manual has already been updated with about half to go. The sleep apnea CPAP change will probably have the biggest impact when it becomes a final rule. You can review all the changes here.

 

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Elementglt

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@Elementglt

There is no law that has to be pushed through the VA already has the authority to modify ratings. The VA has developed a Schedule of Rating Disabilities (VARSD) the collection of federal regulations used by Veterans Benefits Administration helps claims processors evaluate the severity of disabilities and assign disability ratings. Attached is a screenshot of when the respiratory change will be proposed and final. Nov 2020 proposed 8/2022 final.

Half the manual has already been updated with about half to go. The sleep apnea CPAP change will probably have the biggest impact when it becomes a final rule. You can review all the changes here.

Thank you for the clarification Oddpedestrian, I assumed the VFW representative was talking about Congress (passing change) but I guess she meant though the VA Chapters (looked more into this). She was a firm believer that this will not stick either way, but we will see when the time comes.
 

chaplaincharlie

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Percentages for disabilities are publishes in the Code of Federal regulations. Under the Administration Procedure Act agencies, like the VA, must publish all proposed new regulations in the Federal Register at least 30 days before they take effect, and they must provide a way for interested parties to comment, offer amendments, or object to the regulation.
 
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