Va Claims For Secondary Service Connection
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Claiming Secondary Conditions for VA Disability For a condition to be eligible for VA Disability you must be able to prove that it is service-connected.
Va claims for secondary service connection. There are some good news however because veterans may be eligible to receive disability compensation for conditions the VA recognizes as a secondary due to your service-connected back condition. Brian Reese here from VA Claims Insider and in this high-value post Ill be breaking down and explaining this case decision in detail to include WHY and HOW Veterans can use Obesity weight gain. Too many times our lawyers see that the error is simply due to someone at the VA not fully understanding how the law works we are sure this surprises you. 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.
Often a service-connected condition will result in a disability or disease that was not incurred in service but because the service connected condition caused it VA will also pay a benefit. These secondary conditions can be service-connected due to diabetes. This disease can cause a variety of secondary problems to include neuropathy to the limps kidney disease cataracts etc. The Court of Appeals for Veterans Claims CAVC recently issued its opinion in the case of Walsh v.
Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder or if claiming PTSD based on personal assault submit a completed VA Form 21-0781a Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder Secondary to Personal Assault. And there has been much confusion about what the court said in this decision as well as how it applies to a Veterans VA disability compensation claim for secondary service connection. When service connection is thus established for a secondary condition the secondary condition shall be considered a part of the original condition. Dont confuse this with the theory of service connection by aggravation when a service-connected condition makes another pre-existing or non-service connected condition worse.
As the title of the regulation suggests there are two categories of claims that can be granted secondary service connection under VA regulation 3310 Disabilities that are proximately due to or aggravated by service-connected disease or injury. Secondary Service Connection for Medical Issues Related to Back Problems. This is called secondary service connection. How to Prove Secondary Service-Connected Disabilities.
We will discuss this below for your VA claims. Service connection can thus be granted for the arthritis of the right hip. A nexus is a medical opinion that in cases of secondary service connection links a veterans secondary disability to their already service-connected disability. Very often the VA is flat out wrong.
The nexus between your primary disability and your secondary disability must be clearly established in order to be granted secondary service connection for the disability. If this is the case then you are going to want to tell the VA you are claiming service connection based on a legal theory of Secondary service connection. Unfortunately the VA often denies secondary service-connected disabilities. Federal law under 38 CFR 3310 governs these claims and once granted the secondary condition is considered a part of the.
Getting secondary service connection for disabilities that occurred in service can sometimes be difficult. Link is especially important. Secondary service-connected claims and requests for increase in rating are the most prevalent types of claims VA receives for compensation. If you or somebody you know has been denied by the VA received a poor rating decision or would like to appeal a decision please contact the.