Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Percentage of Service Connection Based on Current status or Severity


Question

I just had a very interesting conversation with my VSO and wanted to check out the truth of the matter. I have never heard this argument nor does it make sense to me. 

I am trying to get an increase for my migraine headaches. I was having headaches 3-4x a week! with at least 1 prostrating(i would not be able to do anything, would have to go lay down and be away from noise or light or distraction due to the pain etc). I filed for migraine claim and they denied at first then gave me 0%. Now i am trying for increase. Now my VSO says i will never get the increase because i am on medication.

I have been seeing a neuro doc at the va that gave me meds that have been a miracle. I have not had a migraine in a few months now. It has been amazing. 

so my question: i don't see how getting treatment for something changes how my va rating should be. if i lost a limb and they gave me a prosthetic, they wouldn't take away Service Rating or decrease that? How about sleep apnea; I dont get less service connection because i use a CPAP, i get more?!?!? shouldn't the fact that i require medication for the rest of my life to manage migraines show a worse condition? My VSO said its the same with blood pressure, that if you take meds and its managed then you lose your SC. is any of this true? 

I gave a hypothetical: what if they discover a magic pill that cures all us vets from PTSD but we have to take these pills for the rest of our lives. that means we would all loose our service connection for PTSD if we start taking them? what if we missed a dose? what if they get lost in the mail? (which has happened with my meds plenty)

i just can't wrap my head around this flawed logic of a treated disability is no longer a disability. 

Thanks guys

Link to post
Share on other sites
  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

A CAVC case search on "reductions when controlled by medications" turned up 73 cases.  So, as always, its complicated and there isnt an easy answer.  I suggest you "go for it" and let VA deny you or t

The link didnt work for me either. However the BVA has multiple results when I searched under medication reductions when controlled by medications but not all of those cases will help.  

so are they saying "that improvement in the Veteran’s ability to function under the ordinary conditions of life and work" is not equal to being treated with medication? sorry i have a hard time readin

Recommended Posts

  • 0
  • Moderator
Posted (edited)

A CAVC case search on "reductions when controlled by medications" turned up 73 cases.  So, as always, its complicated and there isnt an easy answer.  I suggest you "go for it" and let VA deny you or try to reduce you because medications controll your issues.  

My humble opinion, is that VA wont be able to get away with that, if you appeal.  

http://search.uscourts.cavc.gov/search/

Quote

Think about it.  Ok, Mr. Veteran, so you lost your leg with an IED and you want benefits.  What for?  Gee, we gave you a wooden leg and you seem to be getting around just fine with that.  

This sounds like your VSO.  

 

 

Edited by broncovet
  • Thanks 1
Link to post
Share on other sites
  • 0

that was my thinking and i just cant believe that could be the standard. i'm going to look at the search results on cases that you found and see what they say.

 

Link to post
Share on other sites
  • 0
3 hours ago, broncovet said:

CAVC case search on "reductions when controlled by medications" turned up 73 cases.  So, as always, its complicated and there isnt an easy answer.  I suggest you "go for it" and let VA deny you or try to reduce you because medications controll your issues.  

My humble opinion, is that VA wont be able to get away with that, if you appeal.  

http://search.uscourts.cavc.gov/search/

the link you gave is not working for me. also what did you search for to find those 73 cases? thanks bud!

Link to post
Share on other sites
  • 0
  • HadIt.com Elder

The link didnt work for me either.

However the BVA has multiple results when I searched under medication reductions when controlled by medications but not all of those cases will help.

 

Here are two of their recent decision of those cases:

https://www.va.gov/vetapp20/files4/20029718.txt

https://www.va.gov/vetapp20/files3/20017590.txt

They show why one case was denied and why one vet succeeded-the second case above.

The vet was reduced from 70% SC PTSD to 10%.

The BVA stated:

"As to the propriety of the reduction, for reductions in rating to be properly accomplished, specific requirements must be met. See 38 C.F.R. § 3.344; see also Dofflemyer v. Derwinski, 2 Vet. App. 277 (1992). The Board is required to establish, by a preponderance of the evidence, that a rating reduction on appeal is warranted. See Kitchens v. Brown, 7 Vet. App. 320, 325 (1995). Additionally, 38 C.F.R. § § 3.344(a) and (b) govern reductions for ratings in effect for five years or more. For these claims, VA must find the following before reducing a rating: (1) based on a review of the entire record, the examination forming the basis for the reduction is full and complete, and at least as full and complete as the examination upon which the rating was originally based; (2) the record clearly reflects a finding of material improvement; and, (3) it is reasonably certain that the material improvement found will be maintained under the ordinary conditions of life. See Kitchens v. Brown, 7 Vet. App. 320 (1995); Brown v. Brown, 5 Vet. App. 413 (1993)."

And

"In light of this evidence of record, the Board finds that the AOJ failed to base the reduction decision on a review of the entire recorded history of the condition and adequately determine whether any improvement in the Veteran’s condition actually reflects improvement in the Veteran’s ability to function under the ordinary conditions of life and work.   See Kitchens, 7 Vet. App. at 324 (1995); Brown, 5 Vet. App. at 420-421 (1993).  Such an omission is error and not in accordance with the law.  Greyzck, 12 Vet. App. at 292; Hayes, 9 Vet. App. at 73; Kitchens, 7 Vet. App. at 324.  Accordingly, the 70 percent rating assigned for PTSD under DC 9411 is restored."
 

 

  • Like 1
Link to post
Share on other sites
  • 0

so are they saying "that improvement in the Veteran’s ability to function under the ordinary conditions of life and work" is not equal to being treated with medication? sorry i have a hard time reading through these opinions and "legalese" 

  • Like 1
Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By Ronc531
      So I have had high blood pressure for over 40 years and been taking medication for the hole time. I was diagnosed with high BP when I got out of basic training and was in the best shape of my life. I am now 62 and out of shape. it wasn't borderline either, I could tell when I had forgotten to take my medication, i would feel different. 
      the VA gave me a BP monitor at the first of the year so I could monitor it regularly. I was have in dizzy spells when I would stand up or just walking up stairs. when I would take my BP it would read 90's over 60 something. it was doing this for a while so I talk with my VA provider and he took me off all of my BP medications. that was almost 5 months ago and my BP is in the 118/75 range everyday now without exception.
      I have never heard of this before. I havent lost weight, changed my diet, or started working out. I am not complaining but it is hard to believe that after 40 years my BP is normal now without any changes to my life style. Like I said when i got out of basic training is when I found out I had it and was in great shape I had just went through Marine Corps boot camp.
      Just curious if anyone else has had this happen?
    • By GeekySquid
      So, as some know I have been having a little war with the VA and my VSO, the American Legion, about getting my DBQ's.
      So today I went to the VSO's office in the VARO building during their "walk in" hours since I could not get them to give me an appointment.
      On the door was as sign saying the office was closed for the week for training and left the 800 number for Washington DC office.
      I knock on the door anyway. Two ladies answer.
      Tell them what I want and that I need them to do it today.
      They invite me into the office.
      I hand them a typed sheet with the Dates and Dr's of my C&P's and a list of documents for each one that I need.
      The first lady says she doesn't know why I am there. The second lady says she will help me. The first lady says show me how we do this.
      Okay
      I tell them again what I want and the 2nd lady says why do you want to file a NOD, I tell her. She says you don't need these files to file an appeal.......The VA already has them. I tell her I need to know exactly what the DBQ says and what the letters to and from VA says. I also need the code sheets as they existed at each point for each approved and denied C&P.
      She tells me no i don't and if I insist on filing a NOD I should just file an HLR.. I told her no, that would not work for this and the HLR results are not typically veteran friendly.
      She then spends 20 minutes more telling me that I need to listen to her because veterans don't know what they want and don't know anything about the VA and how to win their claim.
      She then says "We work for the VA not for you, and the VA knows what it is doing".
      this of course makes me mad and I say to her " I am asking you to get me these files. nothing more. I have heard your opinion and all you need to do is get me copies of these files." She then starts in again trying to convince me not to file.
      I get more insistent and tell her that i heard her but I expect her to do exactly as I requested, nothing more.
      She then says "Well you don't need those files so let me file the NOD" I tell her NO. Resoundingly empathically NO>
      She then tells me I know how to file a NOD. She then remembers I am filing a CUE and says "you shouldn't file a CUE because you will never win and then the VA will be mad at you"......
      Just f'ing wow.
      Then I tell her once again to do what I asked her to do and to stop trying to dissuade me from what I want. I tell her she is wasting her time and mine and that all I want is her to get those documents.
      She then yells to the other woman to get "Bill".  Man comes in and says "those are VA files you don't get to have them".
      I tell him he is wrong and ask who he is. He refuses to answer. I look at woman 2 and say Please tell me your full name so I have a record. She wants to know why. I tell her point blank, that the next time I speak to AL in DC I am going to reference her and what she has said and not done. I then look at "Bill" and ask his name. He tells me 'you don't need to know that". I tell him I do because saying "Bill from AL means nothing to anyone". He snaps back 'I don't work for AL I work for VFW".
      I ask him why he is sticking his nose into an AL situation? He gets mad and leaves.
      She writes down her name, at least I think it is her name, date and time .
      Then says all she is going to do is fill out a FOIA.  At this point I decide to let her do that and get a copy to submit with my complaint to the AL.
       She then asks me what I want. Types that I want my C-file and the files on the attached sheet, prints it, shoves it at me and says to Sign it. I tell her no it is not accurate and ask for a pen and write explicitly what  I want.
      She literally tries to argue with me.
      I tell her to stop arguing and write the FOIA the way I tell her.
      She writes it wrong in her own phrasing and i made her redo it.
      Then I made her add Time is of the essence on the form.
      When she handed it to me. I initialed before and after the typing and drew a line threw the blank space.
      She gasped and asked why I did that. I said "its blank space and anyone could add words to that blank space. She then started to say, and got half way through saying
      'I needed to put more stuff...." and then shut up as she realized she was admitting to falsifying a FOIA over my signature.
       
      I am not sure which is worse, having the people with my POA try and screw me over or having the VA which is supposed to be on my side try and Screw me over.
       
    • By Kihr
      How much can they see, how much can they tell me?  I seem to get almost nothing but cryptic information from my VSO.  Are they restricted from telling information to me while the claim is not yet complete?  Or is it possible that she withholds the information having been burned by changes in the past?
    • By Kihr
      I submitted my claim 9/24, I had the C&P exams on 11/6, and I am still waiting.  I talked to my VSO today and she said I was "Awaiting adjudication" and that it could be several more months and I may need more exams.  I know the VA is a long process, but it has been 10 months already and I am not sure what "awaiting adjudication" means.  The VSO seemed a little annoyed, I call about 1 time a month, it just is frustrating.  I don't know why a claim should take 10 months, I know I have read about appeals taking years so I shouldn't complain.  I just feel that 10 months is an unreasonable amount of time to be "months away"  
    • By 31BHayes
      So I started my "Fully Developed Claim" 02/08/2019 had my VA Comp and Pen Exam 03/18/2019 . My original completion date was 08/05/2019. Then after my Exam 05/03/2019.
      This is my story I've injured both knees, both feet and back while serving In the Army in 2017. progressively my back gave out on me. Now I'm young 25 years, can't work and didn't know about my options until just recently. Lucky for me I was within my year of separation so I got a VSO to work with me and my claim. Still waiting if it's an approval or denial, however today Ebenefits updated status from "Pending of Decision" to "Pending Decision Approval. With a new estimated date 04/30/2019. What happens next. Will I know I'm approved before notification in the mail?
  • Ads

  • Our picks

    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 12 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines