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Disability that is under control. Still get benefits?

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USMCVMO

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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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  • HadIt.com Elder

USMCVMO

There is no set standard. The VA will evaluate you when you submit your claim. If your evidence supports, you will be granted. It is always an individual eval of that particular veteran. That said, if you can produce evidence going back "many years" from your own doc, it has to be a positive thing for you. If you have been reading here on Hadit, you need to meet the Caluza Triangle, that is an event or injury in the service, a current diagnosis of the conditions of injury, and a connection  or nexus between the two. My understanding is the VA is more receptive to a diagnosis from  their own docs on mh illnesses, so it would be prudent to continue your treatment sessions with the VA. At some point in time I would ask the VA doc whether or not he/she believes your problems are due at least in part to ...(whatever event or injury you had while in the service. )If they agree, ask them if they could say so in their notes. That would be extremely beneficial to you on any future claim.

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For me I see a doctor through Tricare, I applied after seeing her for two months. All I did was submit a copy of her notes when I applied. I saw a VES doctor (she was actually a veterinarian as well as a psychiatrist) and I was given 50% by the VA. I was just honest during my C&P and told her all my issues, it took about 45 minutes.

But as Bronco states...file now.

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Your disabilities "under control" suggests no improvement.  But, in your case its sort of like getting a leg blown off in the war, then the vA gives you a new wooden leg.  

So, you got a leg, what are you complaining about?  

Seriously, if you read the regulations for reduction 38 CFR § 3.344 - Stabilization of disability evaluations., you will see that you wont be reduced unless there is "actual improvement under ordinary conditions of life"  which suggests that you are not taking meds for it.  

Read it for yourself, I have commented about it in the past:

https://www.law.cornell.edu/cfr/text/38/3.344

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