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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19219
Experience:  Lawyer and current JAG officer.
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Can I apply percentage of disability percentage due to being

Customer Question

can I apply for more percentage of disability percentage due to being put on another pill for ptsd?
Submitted: 2 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 years ago.

Yes, you can certainly ask that they reconsider your level of disability, making use of the need for taking an additional medication. It's a way to open the door, at least. The problem is that having to take a medication, alone, is not enough to raise that level. You would need to demonstrate that the reason you have to use the different medication is that you are experiencing an increase in symptoms or a decrease in the effectiveness of previous medications due to having used them too long (diminishing returns).

The point is that, while the medication can certainly indicate an increased disability level, it is not dispositive of this issue. It's just one piece of evidence.