Chronic pain not recognized

[Phil]

Court of US appeals for Veterans claims ruled in April of this year that chronic pain is a VA disability.   I filed for chronic pain but was denied as the rater said it was not reconized.  I am going to appeal with the 23 page court decision as documentation.  Anyone else dealing with this issue?  I am attaching a link to the article which also links to the court decision.

https://www.military.com/militaryadvantage/2018/04/06/court-rules-chronic-pain-va-disability.html

 

    

[brokensoldier244th]

Curious about this. I'm 100% already, combined mh and physical, but have had pain since injury in 2001 and while it's treated with tramadol and nsaids it's not in itself a treated condition. Good luck! Following...

[Phil]

I'll keep you advised.  I filed another claim for chronic pain and I submitted all 23 pages of the Court ruling.  I believe the rater was not familiar with the court ruling. 

[doc25]

6 hours ago, Phil said:

Court of US appeals for Veterans claims ruled in April of this year that chronic pain is a VA disability.   I filed for chronic pain but was denied as the rater said it was not reconized.  I am going to appeal with the 23 page court decision as documentation.  Anyone else dealing with this issue?  I am attaching a link to the article which also links to the court decision.

https://www.military.com/militaryadvantage/2018/04/06/court-rules-chronic-pain-va-disability.html

 

    

Veterans won't get the new ruling recognized at the RO or DRO level, they barely understand medical evidence, let alone an overturned ruling for chronic pain. Your appeal can be recognized at the appeal level, in my opinion. Of course, they can get wrong also. Which you keep appealing and appealing and appealing. Never give up and never give in.

Keep in mind the language that is being used, Chronic pain is a disability if it impedes earning capacity. For that you don't need a diagnosis, because being in a state of chronic pain will cause you to miss work, which will keep you from getting promoted, getting a raise, or even fired.

If you live in an "at will" state, such as Texas, an employer can fire an employee for almost any reason.

If you can't keep a job for more than 3-6 months because of your pain, that's also a valid point to bring up in your Notice of Disagreement.

Best wishes.

 

Edited October 26, 2018 by doc25

[Buck52]

VA Ratings for Chronic Pain

The VA does not have a specific diagnostic code for chronic pain. In order to receive VA disability compensation for chronic pain, the symptoms caused by the chronic pain disorder must be ratable. For example, oftentimes a veteran’s chronic pain will cause depression. In that case, the veteran’s chronic pain would be rated according to the rating criteria for general mental health disorders.

Keep in mind that, in order for symptoms of chronic pain syndrome to be ratable, the source of the chronic pain must be a service-connected condition. For example, a veteran with a service-connected back condition suffers from chronic pain. The chronic pain causes the veteran to become severely depressed. Because the chronic pain developed out of a service-connected condition, the veteran can receive VA benefits for the depression caused by his chronic pain. In other words, the depression is secondary to the veteran’s service-connected condition.

Evidence for Your Claim

One of the most helpful things a veteran can do for their claim is to get a private doctor to write a medical opinion. VA disability claims involving chronic pain often benefit from getting a medical opinion from a private doctor due to the complexity of the condition. The doctor should discuss the medical research regarding the effect chronic pain has on the brain. Make sure the doctor specifically relates any symptoms of chronic pain to a service-connected condition. For example, if a veteran has a back condition that is service connected, and a shoulder condition that is not service connected, the doctor needs specifically relate any symptoms associated with chronic pain to the veteran’s service-connected back condition. This does not mean that a doctor has to state a veteran’s service-connected condition is the ONLY cause of any symptoms of chronic pain. Taking the example further, if the veteran with a service-connected back condition and non-service connected shoulder condition has depression as a result of the chronic pain he is in, it’s likely that the depression is somewhat attributable to both conditions. In situations like this, the veteran’s depressive symptoms are likely “inextricably intertwined” with the back and shoulder condition. In other words, it’s impossible to tell which condition is the true cause of the depression secondary to the veteran’s chronic pain. As long as a doctor thoroughly explains this, the veteran can still receive service-connected for his depression secondary to chronic pain.

Lastly, don’t forget applying for individual unemployability. Veterans with chronic pain not only have physical impairments that affect their ability to work, they also have mental impairments associated with chronic pain that further impact their ability to work. As mentioned above, medical opinions are extremely important. An opinion from a private doctor can help show the specific limitations a veteran has due to their chronic pain and due to any secondary problems that are present as a result of the chronic pain. For example, a veteran with an orthopedic condition will likely have limitations impairing their ability to sit, stand, lift, walk, etc. All of these factors affect their ability to secure and maintain a job. However, that same veteran may have chronic pain as a result of their orthopedic condition and develop depression. In that case, the veteran may also have mental limitations such as difficulty concentrating, anger problems, inability to get along with co-workers, etc. It is important to show how both the physical and mental limitations affect the veteran’s ability to work.

Source: Hill & Ponton Disability Attorney's

[Phil]

Thanks Buck52 but your article is from 2016.  The Court of VA Appeals ruled in April of 2018 that chronic pain is rateable

Here is the article and a link to the court ruling.   

https://www.military.com/militaryadvantage/2018/04/06/court-rules-chronic-pain-va-disability.html