Huggy

I requested mine on December 13, 2021. Received a letter dated May 23, 2022 stating this: "We have provided you with the following record(s)--the entire VA claims folder on file at this office." There was mention on the website that my request had been completed and to wait up to 10 business days before I called to see where it was. I gave it double that time with nothing showing up before I called. Got a real helpful fellow who said that I should expect the CD in mail by the end of June--still waiting...

Gotcha brokensoldier244th! Looks like you answered again while I was typing.

Let me clarify a little bit--it might help the discussion. I was in artillery in the Corps and am service connected for tinnitus and tinnitus alone. I couple of years ago, I had a guy tell me that I should submit a claim for anything and everything that is medically wrong with me--the "throw it up against the wall and see if anything sticks" theory, I'll call it. I now realize this was piss-poor advice and actually, it was way out of character for me. Anyway, I was in to see my VA primary care provider several months ago and we were going over my "issues" and she brought up the theory that several--depression/insomnia, for instance could potentially be service connected via the secondary route. After my earlier screw-up, I have decided that I would get my act together and research this avenue thoroughly before deciding to do anything (hence my relatively recent appearance on this site). You all are very willing to share thoughts, past experiences, and advice freely and I appreciate the hell of that. As part of the research, I came across the duty to assist phrase--I'm definitely not dialed into the legalese, but a few of the of the BVA decisions that I have read seem to allude to the idea that there may have been an error at the regional office in that they didn't look into secondary connection. Like I said, I'm not fluent in legalese, but that was the feeling I got--that led me to this question. Thanks--I'll hang up and listen!

Greetings, Here's something that just wormed its way into my little pea brain. Does the VA's duty to assist apply to this scenario: I submitted a claim for several things a few years ago. I admit that I did not do my due diligence and was not aware of secondary connections, so I simply submitted the claim without mention of any secondary connections--all conditions I included in the claim claim were denied in a prompt and efficient manner--no direct service connection. I know know that the claim would have been better suited if I would have stated "as secondary to XXX", or whatever the phraseology is. I'm wondering if the person reviewing my claim should have asked if these issues were secondary to my service connected issue--would that not fall under "duty to assist", or when they talk about duty to assist, are they simply referring to scheduling C&P exams and the like? I know these people are extremely busy, and they certainly can't determine intent--they probably have to deal with what is presented to them. Just wondering! Thanks! Huggy

Very good/enlightening discussion! BTW, GBArmy--I'm still chuckling over that "no tickie no laundry" crack!

Brokensoldier--I can't tell you how much I appreciate you jumping in and answering these questions for me!

Hello all! I have a question that should be fairly easy to answer if I did more research, but I usually end up going down some rabbit hole on the internet and get myself more confused than anything! Here it is: On some what I now realize was some very bad advice from a "barracks lawyer" (we all know some of those guys), back in 2018 I filed a claim for a multitude of issues. Had one C&P exam, but it turned out I was denied for everything that I submitted a claim for in 2019. I did not appeal any of those decisions. I know realize that I should have claimed one or two things secondary to my existing service connection--the rest of my issues are just that--my issues--with no service connection. I am now working on my claim for secondary connections. The question is this: since I did not appeal the initial decisions from 2019, the VA will not go back to the 2018 submittal date regarding retroactive pay? Or is this an instance where, if there is new and relevant evidence submitted, they would go back to that original date? I think what I am getting at is a "supplemental claim", but I'm obviously not sure. Or since the original claim was all for direct connection, and this claim will be for secondary connection, this is a "new" claim? Maybe that doesn't matter since I did not appeal the initial decision... My gut feeling is that this is a new claim, so there would be not retro pay Thanks in advance for any insight! Huggy

Thanks brokensoldier244! I wonder what type of specialist would be best to try to tap in to? Endocrinologist? Toxicologist? Urologist? Any other specialties that you can think of? I would assume any of those that I mentioned would be better suited than a GP/family medicine MD.

Greetings All, I am wondering if anyone is familiar with being service connected for male infertility due to exposure to Camp Lejeune's toxic water? I was there for a full year from 84-85 with the 10th Marines (Hadnot Point water supply system). I know this condition is not on the presumptive list, but that doesn't mean that you cannot apply for anything else that may be attributable to a condition on its own merits--correct? Got out in 85 at 23 years old, got married for the first time in '98--since both my wife and I were older than average (I was 36 and she was 33), we started to try for a family almost immediately. After quite a lot of trying (no complaints there), we decided that maybe we should get tested--turned out I was the problem. The Agency for Toxic Substances and Disease Registry (ATSDR) focused on four chemicals that were prevalent (perchloroethylene, trichloroethylene (TCE), vinyl chloride, and benzene), but the list of other chemicals found in the water is much more extensive. There is some limited info available that shows that TCE can cause male infertility, but not a lot. Some of the other chemicals that were identified are considered endocrine disruptors--many of these types of chemicals are known to cause problems with fertility. I have yet to find any info on concentrations of these other chemicals, but I'm sure it's out there if I dig hard enough. Anyway, I'm just wondering if anyone has experience with this, or even if not, some general advice would be greatly appreciated. Thanks! Huggy

Thank you all for the quick and speedy responses! I think at this point I will pursue this and see what happens. I'm in no way worried about such an exam, I was just thinking that it might be redundant, but packmanx1 offered a very good explanation on why they would likely do a C&P. I appreciate you all kicking this around with me! Huggy

My apologies as I'm sure this question has probably been asked before in some way or fashion. Over the years, I have been diagnosed by my VA mental health providers as having "recurrent major depression", "depressive disorder", "major depression, single episode", "insomnia", and "chronic insomnia", depending on, I suppose, the writer. of each particular note. The question I have is this: all of these diagnoses have been from VA mental health providers, so I would assume that depression and insomnia have been established. IF I apply for benefits, will they still schedule a C&P exam to determine if I have depression/insomnia? Thanks!

Thanks brokensoldier! Not to beat a dead horse, but just so I'm tracking, I'll try to restate your answer--once something is service connected, whether primarily or secondarily, it is simply service connected, and any issue that is a result of either the primary or secondary service connection can be service connected IF there is a valid nexus to either the primary or secondary rated problem. It does not necessarily have to be relatable to the primary (initial) service connected disability. How'd I do??

Hello! A question about the secondary connection avenue. If one gets a secondary connection for say depression/anxiety due to tinnitus, can other health issues be connected to the secondary condition. Maybe in other words, does the secondary condition of depression/anxiety then become "service connected" in that other issues can be connected to the depression/anxiety? Or is it that any additional issues must somehow be secondarily connected to the initial service connection? I would think the argument would be that if someone didn't have tinnitus, they would not be depressed/anxious - if service connection was granted secondary to tinnitus, that would mean that other issues related to depression would also not be there. So, if A causes B, and B causes C, then C could be secondarily connected because B was, even if A does not cause C. Make sense?