Depression due to Chronic Pain

[Jim412]

I have an upcoming exam for depression/anxiety related to chronic pain. I’m at 90 % all static and all related to injuries that occurred in service. If I’m approved will the depression/anxiety also be static? If not, could it turn static? 
I need 50% to get to 100 and am trying to figure out if they would attach P&T. 
Thanks in advance.

[pacmanx1]

13 minutes ago, Jim412 said:

I have an upcoming exam for depression/anxiety related to chronic pain. I’m at 90 % all static and all related to injuries that occurred in service. If I’m approved will the depression/anxiety also be static? If not, could it turn static? 
I need 50% to get to 100 and am trying to figure out if they would attach P&T. 
Thanks in advance.

Initial ratings are just that, initial ratings and typically a rating must be rated five years before they are considered static. With that said, if you are rated 50% or higher for your SC depression/anxiety, the VA could grant/award you a combined 100% schedular rating and then award you P & T status at the same time. That is what happened to my rating, I was 90% and the VA awarded/granted me 40% for fibromyalgia and 10% for spinal cords injury and I was given a combined 100% schedular P & T rating at the same time without waiting or applying for the P & T part. 

Edited July 17, 2023 by pacmanx1

[Vync]

Good information from @pacmanx1. I'll add that sometimes a doc or examiner might indicate that your disability is not expected to improve. That could help you possibly avoid being brought in for a re-examination or possibly even having the disability considered static. However, keep in mind that mental health disabilities rarely get classified as static initially unless you have a long history which actually shows you are not likely to improve. 

If you are unable to work due to your SC disabilities, consider asking for IU or TDIU status. It will bump up your compensation to be paid as 100%.

Another thing to consider is side effects of medications used to treat your SC disabilities. A good example is musculoskeletal disabilities. The Army believed motrin could treat all ailments and dished it out to us often. Motrin is an NSAID which is a class of meds that can wreak havoc on your digestive system in the long-term. It can also be related to serious heart issues. So if you are not SC for heartburn, but took NSAIDs for long time to treat your SC musculoskeletal issues, consider filing for it, etc...