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Does the va award service connection for conditions caused by medications prescribed for non-service connected conditions.

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Richard1954

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Richard1954 Experienced

Richard1954

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I am taking some medications for non-service connected conditions. I have heard that sometimes a veteran can be service connected for conditions that become worse or are a result of a medication used 

for non-service connected conditions. I have not been able to find anything in my research to confirm this.   Does anyone have any ideas, or can anyone point me in a direction that will comfirm this opr shed 

some light on the subject.

 

                                                                                I am not a lawyer so take my opinions with a grain of salt...

If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU  and 4 SMC awards !  I say JUST GO For It

“Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.

 

 

 

 

 

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brokensoldier244th
brokensoldier244th

You can be SC for NSC conditions that are aggravated by military service, you can be SC for conditions caused by military service, you can be SC for medications taken from VA prescribe for the treatme

john999
john999

There is a way to get at the VA money bag if their treatment harms you regardless if it is for SC or Non-SC condition.  It is like suing them for medical malpractice.  One of our former members was a

Vync
Vync

https://www.va.gov/disability/eligibility/special-claims/1151-claims-title-38 https://cck-law.com/glossary/1151-claims-definition/#:~:text=A 1151 claim refers to,suffered “an added disability”.

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Whodat Experienced

Whodat

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Are you over 50%? Did the VA prescribe the medication? Does the medication also help your SC conditions? Do the medication cause you depression?

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brokensoldier244th Grand Master

brokensoldier244th

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You can be SC for NSC conditions that are aggravated by military service, you can be SC for conditions caused by military service, you can be SC for medications taken from VA prescribe for the treatment of SC conditions, you can be SC for conditions that are related to already SC conditions. 

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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john999 Grand Master

john999

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There is a way to get at the VA money bag if their treatment harms you regardless if it is for SC or Non-SC condition.  It is like suing them for medical malpractice.  One of our former members was a past master at this.

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brokensoldier244th Grand Master

brokensoldier244th

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38 USC 1151

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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Vync Grand Master

Vync

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1 minute ago, john999 said:

There is a way to get at the VA money bag if their treatment harms you regardless if it is for SC or Non-SC condition.  It is like suing them for medical malpractice.  One of our former members was a past master at this.

https://www.va.gov/disability/eligibility/special-claims/1151-claims-title-38

https://cck-law.com/glossary/1151-claims-definition/#:~:text=A 1151 claim refers to,suffered “an added disability”.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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Vync Grand Master

Vync

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In addition, an FTCA is another option, but success would yield a cash payout, not an additional SC disability. In some situations, an FTCA and 1151 may impact payment of each other. I don't know much about how that would work though.

https://www.va.gov/ogc/ftca.asp

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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