meds for non-service connected condition causes disability?

[GBArmy]

I assume that if the VA prescribes meds for a s-c disability and those meds end up causing new additional disabilities, they are responsible for the new disability.  But is the VA also responsible for a new disability if they prescribe meds for a non-service- connected but treated medical issue over a long period of time and the veteran develops a new "disability"? Example , the veteran is prescribed b/p meds for non s-c hypertension, but the meds, over time, cause a new problem that has a diagnostic code and you can link the 2. What do you think? 

[broncovet]

I disagree with Buck, but realize, he too could be right.  I have never seen a secondary condition (secondary to a NSC condition).  

In fact, a secondary condition assumes you have a primary sc condition.  

I think you have 2 choices that would be more productive than trying to get a condition SC secondary to a NSC condition. (Something I think is not possible).  

Instead try these choices:

1.  Try an 1151 claim if VA treated you and you were harmed by the medications.  

or 

2.  You may consider suing the drug companies, especially if they did not let you or your doctor know of these side effects and the drug company knew about them but hid them.  Look up the drugs online and see what the drug company says the side effects are.  

     I think if you are harmed by taking meds the doctor prescibes for you, then its either a doc mistake (1151) or the drug company.  Its not your fault if you follow doctors orders, and take pills he gives you as prescribed.  

     However, this said, we all have to take risks.  The doc should weigh the risks and rewards of giving you a prescription.  

     Sometimes, he has to choose the lesser of two evils.  In other words he knows you need medications (or else) and gives them to you anyway, even when they have bad side effects known.  

       Its when the drug company lies to doctors about side effects they deserve to be sued.  There is lots of fraud in pharmacy companies and research studies.  

       Sometimes, tho, its nobody's fault.  You go to the doc very sick.  He does not have a good medicine for you so he prescribes one that he has, because there is no safe alternative.  Often the doc will give you the choice:

         You can continue unmedicated, or try this drug where the outcome may be worse than none at all.  

         Then, if you make a well informed choice...well then the risks are on you....when the drug company was "up front" about possible side effects.  

Edited May 29, 2019 by broncovet

[Buck52]

I would say yes  it would be secondary to an already condition ..rather or not it was s.c..

When the VA prescribes medications the burden is on them if they fail to check this veteran medical history out at the time of the prescribe medication  as long as it was the VA prescribing the medications.

jmo

Edited May 28, 2019 by Buck52

[GBArmy]

Thanks guys. We will consider the 1151, but I doubt if there is really negligence. With the VA, there is always a good chance of incompetence, but maybe not negligence in this situation. Thanks.

[Buck52]

1 hour ago, GBArmy said:

Thanks guys. We will consider the 1151, but I doubt if there is really negligence. With the VA, there is always a good chance of incompetence, but maybe not negligence in this situation. Thanks.

GB Army

I don't have any regulations on this  I am trying to find out,. so broncovet could be correct and I am wrong.

This is a great question,  even though I could be wrong  I still think in my opinion  a DIC claim will prevail  on the incompetence of the Dr that Prescribe these medications.

you will need to prove these medications did cause or is related to the new Diagnoses of hypertension or heart condition   even without a s.c. condition ......if you do have heart condition now  you need to prove it was these prescribe medications that caused it or is related to this new heart condition in anyway.

  it maybe a battle but if you seek a good experience attorney with DIC CLAIM EXPERIENCE in my opinion you can win this.

One main reason this could be denied is the Dr  was not employed by the VA???But worked at the VAMC

Quote from Ms berta

if your 1151 or FTCA case was valid but denied due to the charged medical person not being employed by the VA,but worked at a VAMC

Ms berta may chime in here  she is very knowledgeable with DIC.

Edited May 29, 2019 by Buck52

[Berta]

I have not found the DIC part of this thread.

You might have a claim basis for aggravation of a NSC due to a SC condition.

I cannot post well due to weather- This BVA case explains what I mean.

https://www.va.gov/vetapp18/files11/18148226.txt

Service connection may also be granted for a disability that is proximately due to or the result of a service-connected disease or injury.  When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.  38 C.F.R. § 3.310(a).  Service connection may also be granted on a secondary basis where a condition is aggravated by a service-connected disability.  38 C.F.R. § 3.310(b).  To warrant service connection on a secondary basis, the evidence must show that the current disability was either (a) proximately caused by or (b) proximately aggravated by a service-connected disability.  Compensation for secondary service connection based on aggravation of a non-service-connected condition is only warranted for the degree of disability over and above the degree of disability existing prior to the aggravation.  Allen v. Brown, 7 Vet. App. 439 (1995).
When there is an approximate balance of positive and negative evidence regarding any material issue, or the evidence is in relative equipoise, all reasonable doubt will be resolved Service connection may also be granted for a disability that is proximately due to or the result of a service-connected disease or injury.  When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.  38 C.F.R. § 3.310(a).  Service connection may also be granted on a secondary basis where a condition is aggravated by a service-connected disability.  38 C.F.R. § 3.310(b).  To warrant service connection on a secondary basis, the evidence must show that the current disability was either (a) proximately caused by or (b) proximately aggravated by a service-connected disability.  Compensation for secondary service connection based on aggravation of a non-service-connected condition is only warranted for the degree of disability over and above the degree of disability existing prior to the aggravation.  Allen v. Brown, 7 Vet. App. 439 (1995).
When there is an approximate balance of positive and negative evidence regarding any material issue, or the evidence is in relative equipoise, all reasonable doubt will be resolveService connection may also be granted for a disability that is proximately due to or the result of a service-connected disease or injury.  When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.  38 C.F.R. § 3.310(a).  Service connection may also be granted on a secondary basis where a condition is aggravated by a service-connected disability.  38 C.F.R. § 3.310(b).  To warrant service connection on a secondary basis, the evidence must show that the current disability was either (a) proximately caused by or (b) proximately aggravated by a service-connected disability.  Compensation for secondary service connection based on aggravation of a non-service-connected condition is only warranted for the degree of disability over and above the degree of disability existing prior to the aggravation.  Allen v. Brown, 7 Vet. App. 439 (1995).
When there is an approximate balance of positive and negative evidence regarding any material issue, or the evidence is in relative equipoise, all reasonable doubt will be resolveService connection may also be granted for a disability that is proximately due to or the result of a service-connected disease or injury.  When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.  38 C.F.R. § 3.310(a).  Service connection may also be granted on a secondary basis where a condition is aggravated by a service-connected disability.  38 C.F.R. § 3.310(b).  To warrant service connection on a secondary basis, the evidence must show that the current disability was either (a) proximately caused by or (b) proximately aggravated by a service-connected disability.  Compensation for secondary service connection based on aggravation of a non-service-connected condition is only warranted for the degree of disability over and above the degree of disability existing prior to the aggravation.  Allen v. Brown, 7 Vet. App. 439 (1995).
When there is an approximate balance of positive and negative evidence regarding any material issue, or the evidence is in relative equipoise, all reasonable doubt wilhttps://www.va.gov/vetapp18/files11/18148226.txtl be resolved in favor of the claimant.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.d in favor of the claimant.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.d in favor of the claimant.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.in favor of the claimant.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

[Berta]

Maybe this is the DIC part 

" I still think in my opinion  a DIC claim will prevail  on the incompetence of the Dr that Prescribe these medications."

If any VA prescribed med causes or contributes significantly to a veteran's demise ( often proven by autopsy if not by death certificate-the VA should grant DIC to the surviving spouse. 

My husband was prescribed pseudoephedrine for a NSC sinus condition  ( aka Sudafed to take 3 times a day,) which he did for the next 6 years, and I proved he did not even have a sinus problem, he had misdiagnosed heart disease and the VA called his initial heart attack( while he was employed by the VA) a sinus condition. Thus the sudafed.

The General Counsel agreed ( per Peer Cardio review for my FTCA case-wrongful death) that the VA prescribed long term use of sudafed ,for a condition he did not even have, was contraindicated to the low dosage of HBP meds, which was also the wrong dose,for his NSC HBP. Which also led to his 1151 100% P & T catastrophic stroke. He died of AO IHD with TIAs contributing.

I strongly advise that any surviving spouse who feels the VA caused the death of their veteran spouse, get all Medical records ASAP, get an IMO, and then if the IMO supports malpractice, get a lawyer,ASAP to make sure the SOL does not run out, and who can prepare the SF95.

I didnt have a IMO doctor or a lawyer for my FTCA case, I did have Evidence. My only regret is that I thought the local VAMC doctors knew what they were doing. I was wrong. Multiple doctors there malpracticed on him.

These days you need to check if the doctor is a VA employee or  contractor- if a contractor causes your death-no FTCA, and no 1151- the spouse woul have to file directly in a Federal District Court against the malpracticing doctor, nurse, etc. We have no information here on how to do that.

Our info here is only on  FTCA and 1151,in those  forums.

https://www.accesstocare.va.gov/ourproviders

use the state toggle thing to find out if your VA medical providers ( how VA calls their independent contractors there days.) to see if they are on the search results- if so, they do not fall under 1151 or FTCA.

 

 

 

 

 

 

 

 

 

Edited May 29, 2019 by Berta
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