Many veterans with service-related disabilities are taking medications to help. For instance, a veteran who was injured in the line of duty may have chronic pain from their injuries. They may be taking medication to help manage that pain, improving their quality of life.
However, veterans sometimes worry about losing their benefits if it appears that their condition has improved “too much.” For instance, if a veteran has been taking medication long-term and no longer experiences chronic pain, they may be concerned that they will lose access to the benefits they need. They may believe they still have a disability that causes chronic pain, but the medication helps to manage it so effectively that they no longer notice it.
If you’re in this position, should you worry about taking medication and accidentally disqualifying yourself from the benefits you need?
Is it in the diagnostic code?
This is an issue that comes up often, so it has been addressed. Typically, a diagnostic code will be applied to a person’s case. At this time, the schedule of ratings may mention medication, but it may not.
If medication is not mentioned, then the Department of Veterans Affairs (VA) has to provide a rating without taking it into account. This means that the medication cannot “work too well” to the extent that the veteran loses their benefits.
How could this apply?
For an example of how this works, consider someone who experiences knee pain and limited motion, giving them a 20% rating from the VA. They begin physical therapy, and their body heals over time. If the pain and limits to mobility are entirely eliminated, the rating will drop to 0%.
However, the rating requirement may not mention that medications are supposed to be used. If the veteran still has pain in their knee when they’re not taking medication, even if they have a full range of motion after physical therapy, they may still receive a 10% rating from the VA. The pain itself helps them qualify, even though their rating may be reduced because their knee is healing.
In this example, while taking the medication, the veteran may not feel any pain at all. But they will still have a 10% rating because they’re dependent on that medication, which they need to feel like they have fully recovered from their injury. The VA cannot drop their rating all the way to 0%, as if they did not need medication.
Your legal options
A scenario like this can be fairly complicated. Many veterans are concerned about accidentally disqualifying themselves from necessary benefits and having to go through the complex process of reapplying or appealing the decision. If you’re in this position, take the time to carefully consider all the legal options at your disposal.