The recent precedential decision in Ingram v. Collins has brought significant clarity to how the Department of Veterans Affairs (VA) must evaluate musculoskeletal conditions for disability ratings. The Court held that the VA cannot consider the ameliorating effects of medications, such as Motrin, Tramadol, Indomethacin, or similar pain relievers when determining the severity of a veteran’s muscle or joint impairment. This is because VA’s rating schedule is designed to assess the level of disability without factoring in the benefits provided by medication, unless the diagnostic code specifically account for such medication.
While the holding in Ingram may seem straightforward, its effects may be far-reaching for veterans seeking disability compensation. If you rely on medication to manage your musculoskeletal pain, VA is required to evaluate your condition as if you were not taking those medications. This means the true extent of your impairment, without the masking effects of pain relief, must be the basis for your disability rating. Moreover, VA must consider not only your baseline functional loss but also any additional limitations you experience during flare-ups. This ensures that the rating accurately reflects the real impact of your condition on your daily life.
Importantly, if a VA examiner fails to disregard the effects of medication or neglects to consider functional loss and flare-ups, this may constitute a legal error. Veterans who believe their evaluations did not follow these legal standards should consult with an experienced veterans benefits attorney to ensure their disability ratings are properly determined and their rights are fully protected.
If we can be of any assistance, please do not hesitate to contact us. You fought for your country, now let Binder and Watson fight for you.