What is the New VA Rule on Disability Rating?

VA disability benefits are an important lifeline for veterans struggling with disabling, service-related conditions. However, the Department of Veterans Affairs (VA) has recently unveiled a new rule which can impact your disability rating. The result? You might receive fewer benefits for a disability if you can reduce functional impairment through medication or treatment. Even if you remain disabled, something like a daily painkiller could reduce the benefits you have come to rely on. Contact Empowerment Legal, PLLC for more information.

Determining the Severity of a Veteran’s Disability

Historically, a veteran’s rating was based on functional limitations before you began taking medication. In other words, the rating reflected the severity of the condition itself. If your back injury caused blinding pain, then it was severe.

Based on the new rule, the VA will assess the severity of a disability after the patient takes medication or receives treatment. As a result, your disability for various ailments could be lower if medication helps manage pain, stiffness, or other problems.

Consider someone who has a mental health disorder. If they can successfully treat it, then they might no longer be considered disabled.

Other veterans are disabled because of chronic pain. With the new ruling, your disability rating will depend on how well you can function after taking prescribed pain medication.

An adjusted disability rating will directly impact the amount of VA benefits you receive. The more successful the treatment or medication, the lower your rating and the smaller your benefits.

Why the Change?

Cynics might argue that the VA has adopted the new rule because they want to pay less in benefits to service members. Since many ailments respond to treatment, at least a little bit, many veterans will see a reduction in what they receive from the VA.

Critics point out that medication like painkillers can suppress symptoms, but that’s not the same thing as “recovering.” Nonetheless, VA will reduce benefits as if you are improving and healing.

Supporters of the rule change claim that treatment and pain medication can reduce a veteran’s bodily limitations, allowing them to work and earn more money. VA benefits exist to help veterans who cannot work and support themselves, so this logic makes some sense.

This rule is controversial, but it isn’t likely to disappear any time soon. Veterans who are receiving benefits, or those hoping to apply, should review how they will be impacted. Empowerment Legal has helped many benefits receive necessary disability benefits for service-related conditions, and we can analyze your likelihood of receiving benefits.

Contact Us to Learn More

Our firm stands on the front lines protecting veterans who are struggling with disabilities related to their time in the service. You deserve fair treatment and the maximum benefits allowed under the law. This new rule change could negatively impact your ability to get the financial support you deserve, leaving many veterans in a lurch. Contact us to speak with a Jacksonville VA benefits initial claims lawyer about what steps to take to improve your odds of being approved. Contact Empowerment Legal, PLLC for more information.

Source:

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