On October 26, 2012, the Court of Appeals for Veterans Claims (CVAC) issued an opinion in Jones v. Shinseki. The CAVC remanded, in part, because the Board of Veterans’ Appeal improperly considered the effect of medication on a veteran’s disability rating for irratable bowel syndrome.
While the opinion specifically address the rating criteria under 38 C.F.R. § 4.114, DC 7319 (Irritable Colon Syndrome), veterans should be aware the use of medication can play a critical role in disability rating criteria. Indeed, providing evidence of use of certain medications (such as daily use of systemic coricosteroids or immunosuppressive medications for asthma) may be the difference between a 10% disability rating and a 100% disability rating.
If you have questions or concerns regarding your pending VA disability compensation claim please do not hesitate to contact Fink Rosner Ershow-Levenberg at (732) 382-6070 or online at www.finkrosner.com.