Jump to content
Sign in to follow this  

New Ruling: Chronic Pain Now a VA Disability

Recommended Posts


"A recent ruling by the U.S. Court of Appeals for Veterans Claims may have a major effect on the outcome of many veteran's disability claims.

On April 3, the court ruled that pain, without any underlying disability, may be a valid reason for awarding VA compensation benefits.


Injury Occurred While On Active Duty

The ruling is a result of Gulf war veteran Melba Saunders, who served in the Army from Nov. 1987 until Oct. 1994.  Saunders suffered a knee injury while in service and was treated by military doctors and diagnosed with "patellofemoral pain syndrome, " according to Web-MD that is also known as "knee-pain."

She filed a disability claim after leaving the military and was denied, the story is long, but the VA eventually denied her claim, saying "patellofemoral pain syndrome...is productive of no ascertainable impairment." In English that means that her injury, while it was painful, was not an impairment, and therefore not a disability.

All this means is that the VA said she had no real disability, there was no injury that qualified her for compensation. To the VA pain, in and of itself, was not a disability.

Court Says A Disability Doesn't Necessarily Have To Be A Diagnosed Injury

The law (38 U.S.C. § 1110) says that VA shall award compensation benefits "for disability resulting from personal injury suffered...in line of duty."

The law doesn't tell the VA to award compensation for an injury, but for the disability caused by the injury. That is why if you have a greater disability, you normally have a lesser potential earning ability, or lesser enjoyment of life than someone with a lesser disability; therefore you are awarded a greater compensation for that disability, to make up for your reduced earning ability, etc."


Much more here with related hot links:


Safe travels!

Share this post

Link to post
Share on other sites

Having suffered with plenty of pain. It can ruin your whole day, make working a unbearable task. It shot up my PTSD to close to max i could stand. Having to go to work in pain only to be more in pain was like being tortured daily.  During the weekend my pain would subside to a degree of little comfort only to re ignite come monday.  As it took many yrs to get the VA Rating that would allow me to stay home an support my family. Pain pills were not a great option for me as it always made me sick.  Which was a good thing as i prob would of become an addict. 

Share this post

Link to post
Share on other sites

About time they did.  I left the service with crippling back pain caused by my job.  I was able to prove it and have been on disability because of it (took me 10 yrs) but many are not and should be.  My pain is always there making my days tolerable to some-days extremely painful to get up.  I have learned to live with it and work around it but will have it the rest of my life.

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

RVers Online University


Our program provides accurate individual wheel weights for your RV, toad, and tow vehicle, and will help you trim the pounds if you need to.


RVAir The cleanest air in RVing!

Rv Share

Dish For My RV.

Find out more or sign up for Escapees RV'ers Bootcamp.

Advertise your product or service here.

The Rvers- Now Streaming

AGS Now Hiring

RV Pet Safety

RVTravel.com Logo

  • Create New...