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HadIt.com Anniversary 24 years on Jan 20, 2021
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meds for non-service connected condition causes disability?

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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? 

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"If you file a 1151 and win, is the compensation a 100%  P&T to the veteran for that disability" The 1151 compensation is rated by the evidence and is often combined with a SC rating.

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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.  


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 by broncovet
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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.


Edited by Buck52
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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.

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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 by Buck52
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