Can You Get a VA Disability Increase for Medication Side Effects?

Medication side effects can be just as debilitating as the conditions they treat. From weight gain and sexual dysfunction to liver damage and cognitive issues, some side effects have a significant impact on your daily life and long-term health.

If you’re already receiving VA disability for a service-connected condition, you might be wondering if you can also get benefits for the side effects caused by the medications you take for that condition. The answer is yes—under certain circumstances. These situations fall under secondary service connection, and they can increase your overall VA rating if documented and presented properly.

image

image

Understanding Secondary Service Connection

To receive VA benefits for medication side effects, you need to establish a secondary service connection. This means that while the side effect isn’t directly related to your military service, it’s a result of a condition that is.

For example, if you’re service-connected for PTSD and your prescribed medication causes weight gain, which leads to type 2 diabetes, your diabetes could be eligible as a secondary condition. In another example, if the medication you take for your service-connected back pain leads to gastrointestinal issues or if antidepressants cause sexual side effects, you may be able to claim a secondary condition and get a VA rating increase.

The key is proving that the medication caused or aggravated a new medical issue. This isn’t something you can assume the VA will figure out on its own. You’ll need to present evidence that clearly connects the dots from your original disability to your treatment—and then to the new symptoms or condition.

Common Side Effects That May Qualify

The VA does not have an official list of “approved” medication side effects that qualify for compensation. However, many veterans have successfully filed claims for secondary conditions caused by medications–even earning 100% VA disability benefits in some cases. These conditions may include, but are not limited to:

  • Weight gain or metabolic disorders (diabetes, hypertension, etc.) from antipsychotics, antidepressants, and steroids
  • Sexual dysfunction caused by antidepressants like SSRIs or SNRIs, opioids, and blood pressure medications
  • Movement disorders like tardive dyskinesia from long-term use of antipsychotics
  • Liver damage from long-term pain medications (like NSAIDs) and antibiotics
  • Kidney damage from antibiotics and pain medications
  • Gastrointestinal issues from pain relievers (like NSAIDs), antibiotics, and some antidepressants
  • Cognitive impairment from antibiotics or high-dose psychiatric medications

How to File a Secondary Claim for Medication Side Effects

When some veterans start developing side effects due to their medications, they try to file for an increase related to their primary service-connected condition. But it’s usually a better idea to file a secondary claim.

The big challenge is to show that your secondary condition was caused by the medications you have to take due to your primary service-connected condition. The VA may try to say that your condition was caused by something else—not the medications. So you’ll need to show as strong of a connection as possible between your medications and your condition.

Here are the key steps to show that connection:

  • Get a diagnosis of the new condition or issue caused by the medication. If you don’t have a diagnosis, see your doctor immediately. If you do have one but haven’t sought treatment for it within the last several months, you should also see your doctor. Your VA reviewer will want to see that you are currently under treatment for your condition.
  • Get a nexus letter. This is a letter from a physician showing the connection between your current condition and the medications you take to treat your primary service-connected condition. Ideally, the letter should state that it is “at least as likely as not” that your condition is caused by these medications. If you don’t know how to get one of these letters, reach out to a service that offers help with VA claims. They can help you empower your personal physician to write a compelling letter on your behalf using “VA speak.” If your personal physician can’t or won’t write the letter, the VA Claims assistance service may be able to direct you to a doctor who can write the letter for you.
  • Gather supporting documentation, including prescriptions, pharmacy records, and medical evaluations showing the timeline and progression of your side effect.
  • Write a personal statement. This can fill in the gaps between what your medical record shows and your lived experience with your condition. For example, if you have erectile dysfunction from your medications, your letter can show how this condition has affected your marriage and mental health.
  • File VA Form 21-526EZ1 through VA.gov, listing your medication-induced condition as secondary to your primary service-connected condition.

If the evidence is strong and the condition clearly stems from the treatment of a primary disability, the VA may grant service connection and increase your overall rating.

File Today

If you’re considering filing a claim but don’t have all of your information ready, start with an Intent to File2. This will give you a year to file your claim, and if you are granted benefits, those benefits will be backdated to your Intent to File date.

If your medication is causing serious side effects, you shouldn’t have to suffer in silence—or carry the financial burden alone. The VA recognizes that treatment for service-connected conditions can sometimes lead to new health problems, and they can compensate you accordingly if you build a strong enough claim.

1https://www.vba.va.gov/pubs/forms/vba-21-526ez-are.pdf

2https://www.va.gov/resources/your-intent-to-file-a-va-claim/

 

Ready to Take Action?

Discover our proven process for maximizing your VA disability benefits.

How to Take Your VA Disability Rating from 80 to 100

If you're currently rated at 80% by the VA, you're likely already feeling the weight of significant health challenges. But you may also be feeling the financial pinch that comes with not yet reaching 100%. That final 20% can be the hardest climb, but it's also the...

How to Increase Your VA Rating for Major Depressive Disorder

Depression: 38 CFR § 4.130 Diagnostic Codes: 9433, 9434, 9435 If you're living with major depressive disorder (MDD) as a result of your military service, you already know how deeply it can impact your daily life. But knowing that doesn't automatically translate into...

Disabled Veterans: 7 Steps to Prepare for Your C&P Exam

Looking to file a new VA disability claim? Or to increase your rating so you can receive 100% disabled veteran benefits? Once you file your claim, the VA may reach out to you about getting a C&P exam (Compensation and Pension exam). This is a medical evaluation...

How to Access Your VA C-File Online

At VA Claims Academy, we deal with thousands of people who need to get help with their VA disability claim. And there's no better way to start this process than by reviewing your C-File (Claims File). If you're pursuing or appealing a VA disability claim, you'll want...