Jones: How Does Medication Impact your Rating?

David J. Jones v. Eric K. Shinseki, Opinion Number 11-2704, decided October 26, 2012 concerns the impact of medicine on a rating.

Specifically, the veteran sought a rate higher than 10% for IBS.  The Board considered the factors identified in the rating schedule but then also considered the fact that medication afforded the veteran some relief from his symptoms.

The veteran argued consideration of relief afforded by medicine is not addressed in the rating schedule and should not be considered.  The VA argued the rating schedule does not differentiate between a claimant’s condition with or without medicine and thus it can look at the impact of medicine.

The Court held the Board committed legal error by considering the effects of medication on the veteran’s IBS when those effects are not explicitly contemplated by the rating criteria.  The Court thought it important that the VA has addressed the effect of medications in other factors, but did not do so regarding this veteran’s disability.  The Court also noted the VA could fix the problem by  amending the relevant rating criteria or by adopting a general regulation addressing the effects of medicine.

The decision is important because it gives arguments to a veteran who the VA is trying to rate when the disability is being treated by medicine and thus at its best.  However, it is incumbent on veterans and their advocates to make sure the VA is not ignoring the law and applying the effect of medicine when the rating schedule does not address medicine.

Decided by Judges Lance, Davis and Pietsch.