"During the troop surge in Iraq, I learned to constantly scan for threats, how to distinguish the sharp crack of a gunshot pointed in my direction from one outgoing toward an enemy, and the myriad ways that explosives can be hidden on a roadside. I learned that hypervigilance can be the difference between life and death. What I didn't learn was how to turn it off. Now, I take three psychiatric medications every day, and I go to therapy every week."
"But now, under a new interim rule issued by the U.S. Department of Veterans Affairs, the fact that medication helps me may also be used to reduce my disability compensation. The rule directs the VA to evaluate disabilities based on how veterans function with medication and treatment, rather than the underlying severity of their conditions. Essentially, if the pills work, good job staying alive; now move on without compensation for the inherent disability."
"This issue was actually very recently litigated. Last year, the Court of Appeals for Veterans Claims decided Ingram v. Collins, a case that reaffirmed a rule first articulated in Jones v. Shinseki. The court was clear: When VA criteria for treatment do not explicitly mention medication-based improvements as a reason to discontinue disability benefits, the VA must discount the effects of medication."
Hypervigilance learned during deployment can persist and require long-term psychiatric treatment. Daily medications and weekly therapy can restore functionality but do not erase the service-connected harm. Nearly 5 million U.S. veterans receive service-connected disability compensation, and roughly one quarter have a mental health condition as their primary disability. Compensation recognizes harm incurred in service and a government obligation when service breaks bodies and minds. A new VA interim rule directs evaluations to consider how veterans function with medication and treatment rather than underlying condition severity. That approach could be used to reduce disability compensation. Recent appellate decisions require that medication effects be discounted unless evaluation criteria explicitly account for medication-based improvements.
Read at Slate Magazine
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