A Bothersome Trend

[purple]

Many of you here who know me, know that I tend to say what I believe. Here's another one of those times....so if you think you aren't going to like it; stop reading now.

I see that several folks either claim or want to claim "medication side effects". Why not just tell your doc about the side effects and ask for a different med? You don't have to put up with side effects. I don't. Insist on a different med. It's your right to do that.

I just believe that filing claims for side effects of medications is not the intent of what the system was set up for.

{off soapbox now}

[purple]

I have a question for all of those who truly believe that it's ok to file a claim for medication side effects.

Let's say you see a civilian provider. You are prescribed a med, you experience a side effect. Who do you file a claim with then?

[Pete53]

Well the fact is the VA does award Service Connection for meds they prescribed so why not file if you can prove it?

[purple]

I'll answer your question, even though you won't answer mine.

The reason I don't file for "side effects" is because it's petty. I don't want to tie up precious VA resources on a ridiculous claim like that when serious claims are piling up.

A little dizziness, diarrhea, nausea, headaches, etc...they all go away as soon as the offending med is stopped. It's temporary.

Vets who notice a side effect and continue to take the offending med are only hurting themselves...if you notice a side effect and it's not a med that you can just stop or taper down slowly on your own, then get to the urgent care or the ER.

I mean, that's what would happen in the civilian world.........right?

[carlie]

I have a question for all of those who truly believe that it's ok to file a claim for medication side effects.

Let's say you see a civilian provider. You are prescribed a med, you experience a side effect. Who do you file a claim with then?

purple,

Comparing this to a civilian provider is like comparing apples to oranges.

Do you not get the point that, if not for treatment of the SC'd disability

then the veteran wouldn't be taking the medication to begin with.

Why would you, by any stretch of the imagination feel that this type of claim

does not have enough merit to warrant a secondary rating ?

carlie

[carlie]

I'll answer your question, even though you won't answer mine.

The reason I don't file for "side effects" is because it's petty. I don't want to tie up precious VA resources on a ridiculous claim like that when serious claims are piling up.

A little dizziness, diarrhea, nausea, headaches, etc...they all go away as soon as the offending med is stopped. It's temporary.

Vets who notice a side effect and continue to take the offending med are only hurting themselves...if you notice a side effect and it's not a med that you can just stop or taper down slowly on your own, then get to the urgent care or the ER.

I mean, that's what would happen in the civilian world.........right?

purple,

Who says the meds are temporary - I bet most of the ones written to treat SC'd conditions the vet will be taking a drug in that family for life.

It's difficult to work if you are sick from meds, nausea, most employers aren't too

happy with someone pooping their britches at work, etc...

OH - your just dizzy from your meds - that's OK get in your car and drive to work,

that is if DMV hasn't snagged your license.

I am really glad you aren't an adjudicator for the VA.

carlie

[carlie]

All I ever request and expect of the VBA is for them to follow,

and adjudicate claims, per their own regulations in a timely manner

and either award or deny claims as such.

And hell hasn't even begun to get cool yet,much less freeze over, lol.

carlie

Relevant law and regulations

Service connection may be established on a secondary basis for a disability that is proximately due to or the result of a service-connected disease or injury.

See 38 C.F.R. § 3.310 (2008); see also Harder v. Brown, 5 Vet. App. 183, 187 (1993).

Additional disability resulting from the aggravation of a non-service-connected condition by a service-connected condition is also compensable under 38 C.F.R. § 3.310.

See Allen v. Brown, 7 Vet. App. 439, 448 (1995).

In order to prevail on the issue of entitlement to secondary service connection, there must be

(1) evidence of a current disability;

(2) evidence of a service-connected disability;

(3) medical nexus evidence establishing a connection between the service-connected disability and the current disability.

See Wallin v. West, 11 Vet. App. 509, 512 (1998).