Veterans Disability
As a veterans’ disability attorney at SG Legal Group, I regularly speak with former service members who assume they cannot qualify for a higher disability rating because their symptoms look “controlled” with prescription or over-the-counter medication. This is one of the most common misconceptions I see in my practice. Many veterans believe that because medication improves their mobility, reduces pain, limits migraines, or helps stabilize mood, the VA will view their disability as less severe.
The truth is very different. VA cannot deny or reduce a rating solely because medication makes symptoms appear less disabling—unless the diagnostic code explicitly discusses the effects of medication. When a medical condition is partially or fully controlled by medication, the VA is legally required to evaluate the veteran’s underlying, unmedicated symptoms. This rule exists to ensure that veterans are not penalized simply for following their prescribed treatment plans.
Two major cases make this principle absolutely clear: Jones v. Shinseki, 26 Vet. App. 56 (2012), and the more recent Ingram v. Collins, No. 23-1798 (Vet. App. 2025).
In Jones v. Shinseki, the U.S. Court of Appeals for Veterans Claims held that when a diagnostic code does not explicitly factor in medication, VA adjudicators may not consider how medication mitigates symptoms. The Court explained that to do so would amount to adding requirements (or exceptions) into rating criteria that Congress and VA never intended.
The reasoning is simple:
Under Jones, the Board must assess your disability “as if medication were not taken,” unless the diagnostic code instructs otherwise. Only a small handful of diagnostic codes—such as those related to hypertension under 38 C.F.R. § 4.104—explicitly consider medication. The vast majority do not.
The Court reaffirmed and expanded this principle in Ingram v. Collins, No. 23-1798 (Vet. App. 2025). In Ingram, the Board again made the mistake of weighing a veteran’s improved condition while medicated. The Court vacated and remanded the decision, holding that:
Ingram reinforces the principle that a veteran should never be denied a proper rating simply because they are doing everything right medically.
In my practice, this mistake by VA examiners and Board judges most commonly arises in musculoskeletal claims. Veterans with back, knee, shoulder, or neck injuries often take pain medication, anti-inflammatories, or muscle relaxers before range-of-motion testing. By the time they reach the exam room, their pain may be partially relieved and their motion improved. But that improvement is not the true severity of their disability.
I regularly explain to veterans that even if their range of motion looks better on exam because of medication, the VA must still evaluate:
This principle applies beyond orthopedic claims. Any disability that improves with medication is subject to the Jones rule unless the diagnostic code specifically states otherwise. This includes:
If the underlying condition would meet the next-higher rating level without medication, the veteran is entitled to that rating.
The misconception I see most frequently is this:
“Because my medication helps, my condition doesn’t meet the criteria for a higher rating.”
This is flatly incorrect under Jones and Ingram.
If the unmedicated condition satisfies a higher diagnostic level—whether for pain, flare frequency, mobility limitations, neurological symptoms, or gastrointestinal issues—the veteran can and should obtain that rating. VA cannot treat medication success as evidence that the disability is less severe.
To ensure the VA properly evaluates your disability, I recommend the following steps to every veteran I represent:
1. Always Report Your Medication Use
Tell your examiner exactly what you are taking, when you last took it, and how it affects your symptoms. Many C&P exams become legally flawed because this information is missing.
2. Describe Your Unmedicated Symptoms in Detail
This includes:
Both Jones and Ingram emphasize the importance of this evidence.
3. Submit Lay Statements
Lay statements are powerful tools because they document what your symptoms look like before medication takes effect. Statements may come from:
4. Explain Symptom Severity During Flares
Even if medication helps during normal days, if you still experience significant unmedicated flares, the VA must rate the severity that most nearly reflects your functional loss.
5. Ensure Examiners Document Medication Effects Properly
A VA examiner should identify:
If they don’t, it may be grounds for a challenge.
Many veterans try to “tough out” exams or continue regular medication on exam day simply because they want to be truthful. What they don’t realize is that the exam may misrepresent their true disability level. The law protects veterans from being penalized for following medical advice, but only if the record makes the necessary distinctions clear.
Jones and Ingram are critical because they reinforce the principle that VA disability ratings must reflect real disability—not temporary symptom suppression.
In my practice at SG Legal Group, I make sure every veteran understands that the VA must evaluate the true severity of their disability without factoring in medication relief, unless the rating code explicitly says otherwise. This rule exists to prevent unfair rating reductions and ensure veterans receive the compensation they deserve. If the VA evaluated your symptoms while medicated and denied a higher rating as a result, you may have strong grounds for appeal.
If you are a veteran seeking the benefits you earned, contact me at SG Legal Group. My team and I will help you understand your options and pursue the compensation you deserve. Call 410-618-1277 or visit our contact page to schedule a consultation.
This article provides general information and is not legal advice. For advice about your situation, please contact me directly.
Joshua C. Sussex, Esq.
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