Your doctor diagnoses you with high blood pressure and puts you on medication. Secondary service connection can also a… Because submitting claims for disability benefits can be complicated, it’s important to enlist the help of a skilled VA disability lawyer who can ensure the best possible outcome for a secondary condition claim. Secondary service connection occurs when a service-connected injury or condition causes a new disability or aggravates a non-service-connected condition. A secondary disability claim is a condition that was caused or made worse by an already existing service-connected condition. For the sake of this example, let’s say you hire Berry Law. However, this alone is still not enough to guarantee that the secondary claim will be won. These laws each address different parts of the educational picture for students with disabilities.The ADA is a broad law that By continuing to browse the site you are consenting to their use. Example: SC was granted for a back disability with radiculopathy effective in 2015. A secondary condition, also known as a secondary disability, is a disability that is the result of another service-connected condition. The veteran is diagnosed with degenerative disc disease (DDD). Secondary disabilities may not be the first thing that comes to mind while filing your VA compensation claim, but they can be integral. For example, if the veteran was looking to tie a knee problem to a service-connected back condition, that knee problem must be diagnosed. Breast self-examination is a good example of secondary prevention. So, first lets define them then discuss what you need to file a claim for them. This can often be applied to orthopedic related conditions. You cannot win on a secondary condition if the primary condition is not service-connected. You can file a secondary claim to get more disability benefits for a new disability that’s linked to a service-connected disability you already have. For example, a veteran is service-connected for a knee condition and later develops arthritis in that knee. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Let’s say you completed two tours in Iraq as an 11B MOS. Our team is committed to getting you the VA benefits you earned through your faithful service to our country. However, our team of dedicated VA appeals attorneys are committed to helping Veterans fight for the disability compensation they are entitled to, and we have successfully assisted thousands of Veterans applying for secondary service connection. For example, an effective management plan for ongoing supports can help prevent people with FASD from developing secondary disabilities and can help them lead more productive lives. A nexus statement is a medical opinion provided by a doctor, PA, nurse practitioner that links a veteran’s current diagnosed condition with their military service. For example, you might file a secondary claim if you: Develop arthritis that’s caused by a service-connected knee injury you got while on active duty, or What happens if your inability to walk correctly due to a knee injury in service caused a disability in your other knee? Just like a direct-service condition claim, the way to win a secondary claim is to have substantial evidence to support it. After service connection for tinnitus is established, VA will … This can be done by mailing it, dropping off in-person to a VA Regional Benefits Office, using a VSO, or filing it online using the VA system EBenefits and or VA.gov. To illustrate how the process works, let’s use an example. The first category includes claims for which there is an existing service connected disability and a subsequent disability or disabilities is found to be proximately due (caused by) the service-connected disability. First and foremost, welcome to our VA practice! We Read the full article…, PTSD Lawyers Things to Remember: You are not a number. Often these disorders can cause secondary problems such as migraines, sleep apnea, etc. 6940 O St, Suite 400 It’s FREE to get started, so click “Go Elite Now” below to complete our 3-step intake process. The student had a mental illness and a very severe learning disability in reading. You can show them! To properly leverage a secondary-claim, it is essential to know the most common ways this claim can be used. The information you obtain on this website is not, nor is it intended to be, legal advice. In other words, A causes B. Initially, the vet may feel that there is nothing that can be down to tie it to serving in the military. This is the first step in the process where hiring an attorney can help. By utilizing the concept of a secondary-claim, a veteran can open up the possibility of service-connecting many more health problems then were initially present during military service. for beneficiaries entitled to Medicare based on a disability, provide guidelines in regards to employer size considerations, provide examples showing when Medicare would be secondary payer, and provide employer and Group Health Plan (GHP) guidelines. 3 You're not alone. The 60 and 21 combine to 68 percent and the 68 and 20 to 74 percent, converted to 70 percent as the final degree of disability. However, direct service connection is not the only type of claim that a veteran can submit. In order to file your neck condition secondary to your shoulder injury, the shoulder condition must first be service-connected. There are times when military service can cause or make worst a veteran developing an infection. For example, a paratrooper broke his ankle on an airborne jump. Over the decades, thousands of veterans from across the country and all branches of the military have trusted our firm with their cases and, more importantly, their futures. This starts first with medical evidence. GERD is sufficiently related to many primary disabilities to obtain GERD and acid reflux VA disability benefits under the secondary service-connected disability doctrine. After leaving the military, that same ankle became arthritic. There are two distinct categories; secondary service connection and secondary service connection by aggravation. If accepted into our ELITE membership program, you’ll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. However, this is not true. Scenario 1: As a result of a combat injury, you are diagnosed with post-traumatic stress (aka, PTSD), depression or any other mental health condition. But what happens if you were injured in service, then that injury caused other damage long after you left? As a result of having a specific type of disability, such as a spinal cord injury, spina bifida, or multiple sclerosis, other physical or mental health conditions can occur. Many veterans are prescribed NSAIDs such as Ibuprofen to deal with pain. All secondary conditions or conditions caused by military exposure/circumstances not included on the Presumptive List benefit from a NEXUS letter supporting the claim. Both conditions should have good medical documentation regarding the current state of the symptoms and any treatment plans associated with them. This is a claim for an increase in rating. Also, there two conditions should somehow be linked using one of the common methods described above. A secondary condition is a condition that develops directly because of another condition, not just on its own. One of the most common diseases that veterans exposed to AO developed is diabetes. At the end of your contract, you left the with an honorable discharge, but your time in service led to a lower back injury and knees that are always painful. That arthritis is a secondary condition that should be reviewed by the VA and compensated where appropriate. Secondary disability claims are by far the most overlooked part of a veterans VA disability claim strategy, mainly because VSOs and Attorneys lack the medical experience and expertise needed to provide a clear and cohesive strategy. Finally, the anticipated day arrives, and the VA’s decision is: This adds up to a 40% disability rating using VA math, but your conditions have such an impact on your ability to work that you feel that this is under representative of the extent of your injuries. We provide Independent Medical Evaluations (IME), Independent Medical Opinions (IMO) and nexus letters for ratings reviews, secondary conditions, medical conditions, discharge upgrades, and many types of denied claims. These include: Anxiety states, including post-traumatic stress disorder (PTSD): GERD may occur in veterans with a normally functioning valve when the stomach produces too much acid.. Medical evidence … Language commonly seen in nexus statements for secondary claims would follow a phrase like; “It is more likely than not that Condition A has caused Condition B. The example below helps provide an insight into when a Veteran can apply for disability compensation for secondary service connection. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Most veterans are already aware of filing claims for a direct service-connected condition. Denies service connection for the shoulder condition, which the VA stated did not happen in service. Once you let our team know about your new condition, we then file a new claim for high blood pressure secondary to PTSD. Veterans should not be hesitant to apply for secondary conditions. VA Disability Ratings for Tinnitus. Additionally, there are claims that are filed for special circumstances. The veteran applied for a disability claim for the ankle and was awarded a rating due to direct service-connection to his military service. Contacting us does not create an attorney-client relationship. Examples of Proving Secondary Service Connection. Then, B causes C, so C is service-connected. Another example could be high blood pressure. A veteran cannot submit just symptoms alone. the veteran is experiencing a new health problem since leaving the military that was not present at all during the time he Here is an example of the second type of claim that together with claims for secondary disability, result in about 74% of all applications for compensation. No problem. Sleep apnea is now a secondary claim. How Long Does the VA Appeals Process Take? We also provide Social Security Disability claim reports. This field is for validation purposes and should be left unchanged. The meds are known to cause gastro problems such as GERD. VA Claims insider is an education-based coaching/consulting company. This legal theory is called secondary service connection. One of the requirements when filing a secondary claim is that the secondary conditions must have a diagnosis. It is not required to only come from the VA. Next, the secondary condition must be tied to an already existing service-connected condition. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. Diabetes is a good example of a condition with many secondary manifestations. The VA is required by law to have clear and definite proof that a condition was caused by military service and no other cause before they can provide disability benefits. One example of this type of claim would be loss of limb due to amputation occurring subsequent to service-connected diabetes. 30% for PTSD with depression, anxiety and insomnia. You go to the doctor and your blood pressure comes back at 165/100. Lincoln, NE 68510 These medications can have side-effects associated with taking them. Some of these other health conditions are also called secondary conditions and might include: Bowel or … Let’s say you start to feel unwell. This statement would read “ It is more likely than not that the veteran’s service-connected plantar fasciitis has caused the veteran’s degenerative disc disease.”. There are many different hurdles that must be cleared to prove that your current disability is related to your time in service. In our opinion, the best method is for the veteran to file it themselves online, which allows them to take ownership of the claim while submitting documentation and tracking the progress. When applying for VA disability benefits, many veterans forget to include their secondary service-connected disabilities. See our blog for a more in-depth definition of Secondary Service Connection here. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible Independent Medical Opinions & Nexus Statements (Medical Nexus Letters) for a wide range of disability conditions. Secondary claims can be submitted using the same methods as filing a direct-service connected claim. They can be based on disabilities that existed when entering military service, but were made worse, disabilities that occurred during service, or disabilities that arose after you left military service. Currently there are two categories of claims that can be granted secondary service connection under Title 38 CFR 3.310. In this scenario, A causes B. We submit to the VA articles from peer reviewed medical journals that explain the connection between having PTSD and high blood pressure to augment our claim and increase the chances that the disability is granted. This disease can cause a variety of secondary problems to include neuropathy to the limps, kidney disease, cataracts, etc. Top 5 Things to Know About MST Veteran Benefits, Why You Need to Request Military Medical Records, Filing a VA Claim for Migraines Secondary to Anxiety. The depression wasn't directly service-connected, but it was a result of an initial service-connected disability. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (the two 10’s representing bilateral disabilities), the order of severity would be 60, 21 and 20. For a secondary claim, the nexus statement is providing rationale on how the secondary condition is related to the in-service connected condition. There are studies that show out of 4,000,000 Veterans with or without PTSD, sleep apnea was found to co-exist 5 times more likely in the group that has PTSD vs. the group without PTSD. Using the example above, let’s say you also have severe neck pain from your shoulder injury. As you probably know, the VA will pay a higher level of compensation to veterans with disabilities that are directly related to service-connected disabilities. How to Get a 100 Percent VA Rating (if deserved)! © 2020 PTSD Lawyers | Berry Law Firm. Most mental and physical conditions cause other mental and physical conditions.Suppose a Vietnam veteran is eligible for VA disability benefits because they have diabetes from Agent Orange exposure. The conditions you apply for disability compensation for are: Then you have to wait while the VA takes their time making a decision, which, on average, takes 433 days. Receiving service connection for a disability can often be a long and difficult process. A secondary disability is when a service-connected disability has caused or aggravates a new or pre-existing condition, illness, or injury. For example, a veteran claims service connection for arthritis of the back as secondary to his service connected left ankle condition. Established in 1965 by Vietnam War veteran and attorney John Stevens Berry Sr., Berry Law Firm is a team of veterans dedicated to defending, safeguarding, and fighting to protect the rights of veterans. Thousands of other Veterans in our Community are here for you. Secondary service connection can be established both where a service-connected condition contributes to the creation of a new disability and where a service-connected disability aggravates (worsens) a non-service-connected condition. Diagnosis due to t… So you’ve accepted Berry Law Firm as your representative to the VA…What happens now? Many veterans deal with mental health conditions such as PTSD, generalized anxiety disorder, major depressive disorder, and other mental health disorders.
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