Filing Claim After Initial Claim Denied At Dro Level

[Desiretofish'swife]

Hi,

Hopefully, someone can answer my question. My husband filed a claim for low back trouble. He was denied due to lack of evidence in his SMRs and after service treatment lack of records all the way through a DRO review. He was diagnosed with degenerative disk disease by the VA. Ok, now for my question:

Can he now file a "new" claim for this back trouble as a "secondary condition" to his service connected right knee. He was granted a hip secondary sc due to this knee condition. We feel that if we can just file a "new" claim (if it is still possible) that he stands a better chance at secondary (instead of direct) service connection. We were just not sure if you could file it as a "new" claim after he was already denied service connection (direct)for his lower back condition.

I guess it just comes down to this question: do not file the BVA appeal on his lower back condition as a direct service connection? and then just file a new claim on lower back as secondary to his service connected R knee condition? Is this allowable? Or is it a done deal on filing on his lower back?

Any help or advice would be appreciated.

Best regards,

Desiretofish'swife

[Berta]

In my opinion it might be very difficult to prove the inservice nexus of his back condition-unless he wants to obtain buddy statements and then a strong IMO-

I would think the best bet is to file for secondary SC of the back condition due to "aggravation" of NSC disability due to SC disability.

My prior post here will explain:

http://hadit.com/forums/lofiversion/index.php/t11620.html

A knee problem can certainly cause hip problems and back problems or aggravate the ones that were already there-

I think he has the right to certainly pursue both ways but in my opinion I would think he will need a strong medical opinion either way and that the VA as well as an IMO doctor would find that the DDD is aggravated by the SC conditions and the degree of aggravation (that is hard to determine- only a doc can do that-) would be rated under secondary SC as to the extent that VA determines the SC stuff aggravates the NSC stuff.

[Desiretofish'swife]

Hi Berta,

Thank you for your quick response.

I need clarification on one question though, can he file it as a new claim, even though it has already been denied (all the way through a DRO decision.) Remember, he filed on this lower back asking for direct service connection. I need to know if he can just let that decision stand instead of going to BVA with it? and go ahead and file a new claim as a secondary service connection to his knee?

Its confusing as to if he can re-file a new claim on his lower back since he was already denied direct service connection.

Thanks,

Desiretofish'swife