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USMCVMO

Disability that is under control. Still get benefits?

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Hello All -

Let's say a veteran has a service connected issue for a spinal condition causing pain at 50%.   Because of the pain and limited mobility, the veteran develops depression which I assume could be a secondary claim to the first condition that caused it.    Veteran gets treated for depression at the VA and put on some anti-depressants that greatly improves their depression.  Veteran needs the pills for life likely.    

Does the veteran still have a disability if treated and under control?  Does the rating change because it is under control?   I guess this question apply to any condition that is treated.     Thank you for your advice.  

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I have a back disability and mental health is secondary to the back. I take meds for my depression (I have chronic pain from my back), I see my doc on a regular basis. Yes the meds help, but just because you are on meds and you feel better does not mean you don't suffer from depression. If I would stop the meds and not see a doc then my depression would rear its ugly head again. I am rated at 50% for my depression which I take meds for, which is secondary to my back.

THink of it like this. If you have hypertension and need meds to control it then you still have hypertension, its just under control.

If you have not filed for depression yet then you should.

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Paul's hit it right on the head; perfect example of the htn. Just because your b/p is under control, it doesn't mean your disability is "cured." One thing though that you should remember: if you get a letter requiring you to go for re-examination of your condition, a C&P, it is very important for you to attend. It isn't going to mean that your disability will be taken away, they want to update your condition status; sometimes, it is worse and an increase in rating could come out of it. They can't just take it away anyway. There has to be substantial and sustained improvement for them to reduce your disability, and that means it can't be done because of one follow-up C&P. You could appeal and show you still need it.

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I have a MH rating and take several different medications to control it.  There is the fact that I have to take medications with side effects to control my MH problem.  If the problem exists apply.  When you go to your C&P do not tell the doctor you are fine.  You should tell him what your worst day is like and let him decide.  Just do not be surprised if you are denied the first time.  The VA loves to deny benefits the first time they are applied for.  They love to keep the BVA in business overturning all of their rotten decisions.

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Check the criteria.  Most disabilities are "before" medications.  

If you lost your leg, and VA gives you a wooden prostheisis, are they gonna take away your benefits?  After all, you can walk now, or hop on one leg.  

As explained, most disabilites are "before medications" not after.  

Where you get into trouble is discontinue seeing the doc.  The VA then assumes you were cured.  

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Thanks for the responses.  How long do you have to get treated for the depression condition before you should file? I have had it for many years and finally went to the VA for help recently.   

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