superimposed or inextricably intertwined

[mos1833]

who decides if a condition is inextricably intertwined ?

how is it proved ?

how to file, with evidence ?

thanks

[justrluk]

Without much detail, I would say 'it depends'. What are the conditions? Are they addressed as one system in the CFR? If so, they will most probably be combined. If not, proving contributory can be difficult. Most doctors won't sign off on there being a cause-and-effect relationship unless it is supported by a lot of research. I'm talking about the kind that comes with medications (e.g., side effects, trial results, etc.).

[broncovet]

One example of "inextricably intertwined" (II) that I recall reading was a Vet who had applied for PTSD and IU.    The judge apparently said they were II because the disability percentages are critical when seeking IU.  (60 percent for one disability, or 70% if they are combined, is the minimum "schedular" requirement for IU.  

So, if the VA rates you at 30% for PTSD, and denies IU, IU and PTSD are "inextricably intertwined", since if you could get to 70% PTSD you would be eligible for consideration of schedular TDIU.   

[lotzaspotz]

I think you'd benefit from going to the BVA website and conducting a search using the exact phrase "inextricably intertwined," which may address your concerns.

http://www.index.va.gov/search/va/bva_search.jsp?QT=&EW=Inextricably+intertwined&AT=&ET=&RPP=50&DB=2015

i just checked the current year, but you can dig earlier if you have the time.  This will give you some idea of how the BVA reaches that conclusion and the evidence upon which the conclusion is based in each appeal.

If you want to view results at the CAVC website, insert that phrase in the query line in Search.

http://search.uscourts.cavc.gov/search/