02/19/2026
ALLCON,
the VA has implemented a new amendment the the 38 CFR § 4.10 (Effective February 17, 2026) that could potentially affect anyone who is currently filing a disability claim, or will file in the future, while already having a disability rating.
The VA can/will(?) do a comprehensive evaluation of ALL currently rated disabilities to determine they are still at the same level as initially rated. SO, what does this mean for you?
I've assisted over two thousand veterans file for disability claims and I will sleep easy tonight as I've never assisted anyone file a fraudulent claim. If I have helped you, you're not in any danger of losing anything, just call me if you've got questions or want to file again and we'll talk about it! If you're getting paid for a disability that's gotten better over time, the VA can lower your rating if you file a NEW Claim for it (as it has always been), the difference now is they can evaluate your knee pain when you went in for diabetes, so take that into consideration if you're filing a new claim on your own.
I wholeheartedly disagree with this change. This is blatant bottom line crunching on the backs of veterans. I would hate to see someone NOT take their needed meds just to get a higher rating on an evaluation but that WILL happen. To everyone I've helped over the years, or if you've been MEANING to call me, or if you're just now learing about me, please call me if you have any questions or concerns.
I encourage you all to visit https://www.regulations.gov/document/VA-2026-VBA-0067-0001 and be heard during the 60 day public comment period which ends APR 20, 2026 2359. VA Secretary Doug Collins needs to know how veterans and their loved ones feel about this.
Recent Changes to 38 CFR § 4.10 (Effective February 17, 2026):
Key amendment: Ratings must now reflect the actual level of functional impairment experienced by the veteran, including the benefits of current medication.
Why it matters: Veterans are entitled to compensation based on their real-world functioning, not hypothetical worsening if they stopped taking medication.
VA decision reviews and appeals: https://www.va.gov/decision-reviews/
38 CFR § 4.10: https://www.ecfr.gov/current/title-38/chapter-I/part-4/subpart-A/section-4.10
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