what will a failed marijauna drug test do to s.s.d.i. in wisconsin

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VA Disability COMPENSATION
A veteran is entitled to disability compensation if he or she were (i) discharged or released from the military under conditions other than dishonorable, (2) their disease or injury was incurred or aggravated in the line of duty, and (iii) the disease or injury was not the result of the their own willful misconduct or abuse of drugs.

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Information technology's Your VA - Deal With It!

Information technology'south a little like wrestling a gorilla. You don't quit when you lot're tired.

Yous quit when the gorilla is tired.

Robert Straus

Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA

disability benefits. Jim writes extensively about VA and Social Security inability benefits.
Jim'due south Mailbag is a regular column featured at Stateside Legal where veterans, servicemembers,

and family unit members can ask Jim their questions virtually VA and Social Security disability benefits.

Marijuana and Veterans Problems

Veterans consume cannabis at rates far higher than the general population, and many report using it for medical purposes

Marijuana, Drug Testing and VA

Anxiety meds and marijuana

Question:
I am curious and can't seem to notice an answer about my anxiety meds and marijuana. I don't live in a legal state, just am curious to try some marijuana to help with pain and other issues. I'm curious if my psychologist would finish my anxiety and sleep meds if I brought it up to them. Thanks for any guidance y'all can provide!

Jim's Reply:
The utilise of marijuana to care for medical atmospheric condition is controversial fifty-fifty in usa where it's legal. The VA doesn't care if you apply illicit substances and then far as your benefits become, no benefit will be interrupted because of substance abuse.
Only...marijuana and other similar substances are psychoactive drugs and your mental health providers for the most part don't want you mixing whatsoever medicines with the ones they prescribe for you lot. That might even include alcohol and some over the counter medicines, anything that may skew the effect of the prescribed drugs is a concern.
The person who prescribes your mental health medications will have authority over whether or non your prescribed medications would proceed if you added marijuana to the regimen. Each case would be decided individually and in that location isn't actually any policy one way or the other except that everyone volition remind you that marijuana is illegal. In your example it isn't but illegal at the federal level, you lot say yous're in a state where it's withal illegal so yous have a steep uphill climb to convince anyone that it's a skillful idea to use something illegal.
So, what to do? It'southward a very personal decision and a lot of veterans decide to toss their prescribed medications in favor of using THC to command their feet and pain and to help their sleep. VA tests anybody for drugs at almost every visit so exist aware that you won't be able to hide the utilise of marijuana.
I'd offering that you should approach your provider and ask. If you aren't testing positive for marijuana at that time, if the provider says "no" to your using weed, you lot probably won't lose the prescriptions.
I'yard in a state where medical marijuana is legal and relatively uncomplicated to become to. As I've said, a lot of older veterans I know in particular have decided to toss the pills and replace those with THC in 1 form or another and they are happier for information technology. Information technology'southward your decision to make...remember that where y'all are, yous tin can arrive trouble and nobody from VA will be at that place to bail you out.

Drug Screens?

Question:
I recently was asked to do labs at the VA. I informed them I would non consent to a drug screen and that they didn't accept my permission if they wanted to do that. They drug screened me anyway and I tested positive for THC. I'yard mad equally hell. I told them, "No drug screen" and they did information technology anyway. Does this mean the VA can override my medical decisions and do what they want?
I of the nurses drawing the blood said the VA was testing to see if I was taking my medications or if I was selling them. Great, simply what would I sell? My prostate meds? I'm non on anything potent at all then they told me they would not drug exam me, simply they did anyway. Legally, if I refuse a drug screen can they do information technology anyway? What happens if I don't desire a vaccine? Can they say ok and exercise it anyway? Practice you know of any case constabulary on this field of study? I capeesh whatsoever help.

Jim's Reply:
Y'all're right to be upset. I'chiliad not certain I understand who y'all told that you would not consent to a drug screen but once you say that, at that place should be no farther discussion and you should not have received a drug screen. VA policy is clear that permission...informed consent...is required.
Now we should address why you're so upset near a drug screen, Y'all may know that VA doesn't care much if you smoke pot, at that place are no penalties for substance abuse of any kind. You won't lose benefits, although for anything other than weed you lot may be offered rehab. If VA is prescribing pain medications for you, the prescriber may interrupt that if you chose to smoke pot. That's fairly consistent with what'south up with substance screens everywhere in America now...not just VA.
The deal is that VA is treating substance abuse equally it should...equally a wellness outcome, not a criminal upshot. Screening at every run across is no different than checking your liver and kidneys to be sure they're operation. Without the lab test your provider wouldn't know you had a problem.
I'chiliad a retired health care professional and I agree with the position that every adult should be screened at every see. And since nosotros're talking of that, I had a visit with my main intendance doc just yesterday and we reviewed my lab work drawn the week before and he never mentioned my positive marijuana screen. In fact, over the final twenty years not 1 person at VA has said one word to me about smoking pot.
The best I can offering y'all is that were I you, I'd reexamine why I'm so upset over a really trivial effect. You lot tin talk with your chief care provider and let that person know that y'all're unhappy. If you experience it's worth your fourth dimension, you can escalate to the director of the facility and have anybody wondering why you're so concerned.
Some form of marijuana use, recreational or medicinal, is legal in the majority of states. That the feds oasis't caught up with that yet is no reason for you to human activity like y'all're sneaking behind a bush to become high. Were I you, I'd either quit smoking pot or own upwardly to information technology. Good luck.

Death Benefits

Question:
Hi, Jim. Cheers to y'all back in 2014, my husband practical for and received 100% disability rating for his high adventure prostate cancer. Equally we practise estate planning for the futurity, possibly you lot can help us again since my husband's cancer is now phase 4. There is an eight-year qualification dominion for spousal DIC payments that military.com describes as: The veteran must have been rated that way for at least 8 continuous years immediately preceding death AND the surviving spouse had to be married to the veteran for those same eight years. My hubby applied for disability payments in November, 2022 when he was diagnosed with prostate cancer. due to Agent Orange exposure. He got a notice in March 2022 that he qualified for !00% inability payments. Payments were backdated retroactively to Nov. one, 2014. So when does the eight-twelvemonth dominion showtime: diagnosis engagement, application engagement in November, 2022 and retroactive payments began, or March, 2022 when notification almost monthly payments began? Thanks in advance for your help to all disabled vets and their families.

Jim'south Reply
I'm familiar with the article, not one of my favorites every bit it's confused a lot of people. https://www.military.com/benefits/survivor-benefits/dependency-and-indemnity-bounty.html
The surviving spouse of a disabled veteran may or may not exist eligible for DIC benefits. DIC benefits aren't a office of the veterans disability benefits, they're in a form of their ain. For the surviving spouse be eligible for DIC benefits the veteran must die of a rated service connected status OR have been rated as 100% P & T for at to the lowest degree x uninterrupted years.
The veteran who has been rated as P & T for at to the lowest degree 10 uninterrupted years can get run over by a bus and the surviving spouse is eligible for DIC. Veterans...you've been warned.
The viii year dominion you're speaking of is for an additional do good to the base charge per unit afterward eligibility for DIC is established. "Add $288.27 if, at the time of death, the veteran was rated 100% disabled or unemployable every bit a result of inability. The veteran must accept been rated that way for at least viii continuous years immediately preceding death AND the surviving spouse had to be married to the veteran for those same 8 years."
In other words, if the survivor is eligible for DIC based on decease past a service connected condition and at the time of expiry the veteran was rated equally 100% schedular or 100% TDIU and was rated equally P & T, in that location is an additional $288.27 added to the benefit.
If I'm interpreting your message correctly yous and he believe he will probable die from the service continued prostate cancer. That would constitute your eligibility to the DIC benefit considering he is service connected. His 100% rating started in November 2022 and that is known as the effective date of the rating and is the first date of the 8 twelvemonth dominion.
Thanks to you both for taking estate planning in stride and getting it done right. I take had fewer heartbreaking tasks than to try and help a widow when the veteran wouldn't talk about VA for any reasons. Death and taxes, every bit they say, should compel everyone to plan for our inevitable demise.
Give him my best and a salute from me, please.

Drug Screens

Question:
Dear Jim...what are my rights when I say yes and take a toxicity urine test?

Jim'south Reply:
Well, I suppose it depends on the circumstances. If this were a pre-employment screen you could decline and forget the job. If this were during your work hours, like a random drug test policy or a test done because of an blow or event, then that'due south sort of between you and the employer and you would be well advised to speak with a lawyer. If yous're thinking about the routine drug screening that occurs to all of united states at VA wellness centers, you have the correct to decline testing before it's washed and pretty much nothing will happen. Substance corruption at VA doesn't accept any connection to disability benefits so the most that would happen for a positive screen would be a recommendation to pursue treatment and VA wouldn't prescribe narcotics to y'all. Almost won't blink for a positive marijuana screen, few intendance about that these days. Other drugs are a problem though and so ask yourself why you lot desire to avert drug screens?

Drug Screening

Question:
If I'm establish to have amphetamines in my system, tin the VA. take abroad my monthly disability bank check?

Jim'south Respond:
The Veterans Health Administration (VHA) tests everyone who walks in the door for abused substances. Most vets phone call this 'random' screening but the fact is there'southward nothing random well-nigh it...everyone gets tested. Although they're supposed to tell you (Informed Consent) that never happens and if they were to tell you and you declined...then what?
I happen to agree with the VHA arroyo. VHA treats substance use and corruption as a health intendance effect, not a legal trouble. Nobody calls the cops, at that place's no punishment...it'south all virtually handling. Allow'due south be honest...amphetamines aren't good for you. Neither are things similar opiates or cocaine or any of the many other things we come upwardly with to modify our reality.
No...VA will not modify your inability benefits considering you pop positive on a drug screen. For anything other than weed, you'll probable be referred to a rehab plan and you should consider that option. If yous're burning some rope, your provider may not even mention it...marijuana is pretty common these days.
What may also happen is that your providers won't prescribe pain meds to you in the future. Once you've tested positive for any illegal drug (even marijuana in a legal land...information technology's still illegal federally) the option seems to be that yous won't get any pain drugs at your VHA.
Please do give some thought to seeking some treatment if you have a problem with speed. Amphetamines are the original 'burning the candle at both ends' drug and although yous experience similar Iron Man now, the havoc they wreak on your trunk won't exist fun 10 years from at present. They don't brand you any smarter either. Proficient luck!

Test positive for marijuana

Question:
What happens if you test positive for marijuana and y'all're on pain med and PTSD meds?

Jim's Respond:
That's up to the doctor who is prescribing the meds in question. Some doctors are OK with weed, others aren't. Yous'll have to address that with your care provider. Testing positive for drugs won't bear upon inability benefits.

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Marijuana

Question:
Are there any veteran's lawyers that specialize in marijuana laws for the state of Kansas?

Jim's Respond:
NORML keeps a list of lawyers who have an interest in weed here

Drug Testing?

Question:
Can I lose my VA benefits if I refuse drug testing? I am treated for mental wellness issues among other wellness issues. No prior history of usage, 20 years of service, and 16 years of VA documented medical treatment and drug testing... never i positive test.

Jim's Answer:
No. Benefits aren't associated with wellness intendance. Drug screens aren't meant to be to gear up you up for penalization, they're to detect a wellness intendance trouble but similar a kidney examination or a liver examination. VA is treating substance use and abuse as a health intendance effect, and that's very appropriate.

Substance use, substance abuse, smoking marijuana in a legal state. ..the rumors and the controversy rage on.

Here are the facts. VA could intendance less that you burn down rope whether it's legal in your region or non. There is no penalty for using marijuana, you will not lose whatsoever disability benefits for abusing any substance. If you exam positive during a not-so-random drug screen, your provider may tell yous that there won't be any more hurting meds prescribed but other than that, there is no penalisation. If yous test positive for opiates or cola or speed or whatever, you'll go a referral to a rehab program...mayhap. That's it, nix more. Your rights are not being violated by drug screening you lot. Get over it. Drug corruption, particularly opioids, is a huge health problem in our land and VA is treating that like a health problem...non a criminal issue...and that's a expert thing! I support drug screens of all adults at every meet. It amuses me when my lab result for marijuana says High.

No, you practise not have to submit to

a drug examination at VA.

Y'all can tell your provider you do

not want to exist screened for drug use...

But that raises the question...why?

What are yous afraid of?

Veterans Law Attorney Disability Claims Lawyer

Citation Nr: A21013934 Date: August 19, 2021
CONCLUSION OF Police force The grapheme of the appellant's discharge from service for the period from

October 2, 1979 to March 26, 1981 is a regulatory bar to the receipt of VA compensation benefits.

38 U.Southward.C. § 101, 5303 (2020); 38 C.F.R. §§ 3.1, 3.12, 3.301, 3.354 (2020)

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