over 10 years TDIU and hydrocodone

[hurryupnwait]

I have been TDIU for over 10 years now and have been on hydrocodone for more than 15 years.  The VA has been making it very hard to renew my hydrocodone prescription.  I ve been considering dropping the hydrocodone  and use some form medical cannabis.  The Federal government views this as illegal and the VA has to abide.   If  I am given a urinalysis by the VA and it detects cannabis then there is the potential for legal problems for me.  This is an absurd Catch 22 for many Vets.  

Another issue, is if I stop using hydrocodone and no pain medication shows up in my medical records will the VA see that as a basis for a possible reduction in disability compensation.   This is Catch 22 number 2.  I do not worry about this very much because I am very much unemployable and my service connected disabilities have far worsened since getting TDIU but other vets may want to be aware of how the VA views the use of pain meds. "No pain meds on records then there is no pain" 

 

 

Any Ideas or comments

 

 

[brokensoldier244th]

I've taken tramadol for about 6 yrs. Same issue. Each renewal is a pain and I'm subject to regular urinalysis. Now I have to go and get finger wagged at and sign a pain contact because some other doctor filling in got my last them request and shorted my prescription to one weeks with until I do. I'm a little pissed and am investigating CBD.

Edited August 21, 2019 by brokensoldier244th

[broncovet]

It should not matter.  We are compensated for continuity of "symptoms", not continuity of treatment, which can vary over time.  

Doctors often try a variety of treatments.  This does not mean your symptoms have "actually improved under ordinary conditions of life".  

While I understand that "fear sells", I also know we dont have to buy what they are selling.  In other words if "fear of reduction" prevents us from applying for additional benefits, and you buy that line, and dont apply, well, you bought the fear.  

Before I "buy fear", I try to make sure the fear is REAL.  

F alse

E xpectations 

A ppearing

R eal.

     Now, there are real fears, dont get me wrong.  However, worry never robs tommorrow of its sorrow, only today of its happiness.  

      Its my humble opinion that "fear" of reduction based on a change in doctors treatments is groundless.  Once you "turn on the light" the "reduction fear" boogeyman goes away.  Here is the "light" as to why you should not fear the reduction boogeyman, UNLESS you meet this strict criteria for reductions:

Quote

38 CFR § 3.344 - Stabilization of disability evaluations.

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§ 3.344 Stabilization of disability evaluations.

(a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., Rmanic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.