Is It Secondary?

[Swan]

Hello! I was wondering if anyone could explain to me if the conditons that I experience on a daily basis secondary to any of my conditions currenty rated. I am currently 60% disabled for 20% bilateral DJD osteoarthritis knees and 50% for endometriosis causing complete hysterectomy with SMC K. Lately I have been experiencing arthritis pains in my hips and I have been battling with pain that run from my shoulder down to my wrist and fingers. I also have been getting cortisone shots in my knees every 5 - 6 months when the pain gets so bad that I can't hardly climb stairs, or they ache so bad even when I'm sitting. Also, after my hysterectomy I now have no control over my bladder and is taking medication to try to control that along with numerous bouts of urinary tract infections that I never experienced prior to the surgery. Do you believe either of these ailments could be secondary and warrant and increase? Thanks Swan ;)

[MarineDog]

Swan,

I am not too knoledgeable on all VA regulations; however, I just had depression and arithis in my hip both added as secondary SC conditions. Depression from migraine headaches and arthritis from a broken foot. Even if you are unsure if your conditions are secondary file for increase NOW. You have a year from the date you notify the VA to produce evidence, so get an efficitive date. The later you wait to file, the less money you will have if an award is issued.

Todd

[Guest Berta]

Hello! I was wondering if anyone could explain to me if the conditons that I experience on a daily basis secondary to any of my conditions currenty rated. I am currently 60% disabled for 20% bilateral DJD osteoarthritis knees and 50% for endometriosis causing complete hysterectomy with SMC K. Lately I have been experiencing arthritis pains in my hips and I have been battling with pain that run from my shoulder down to my wrist and fingers. I also have been getting cortisone shots in my knees every 5 - 6 months when the pain gets so bad that I can't hardly climb stairs, or they ache so bad even when I'm sitting. Also, after my hysterectomy I now have no control over my bladder and is taking medication to try to control that along with numerous bouts of urinary tract infections that I never experienced prior to the surgery. Do you believe either of these ailments could be secondary and warrant and increase? Thanks Swan ;)

I am not sure about the shoulder arms, and wrists but I definitely feel you should apply for secondary on these conditions-

If you are not employed I would spell out those conditions as above in a letter to the VA and attach (refer to it in the letter) a filled out TDIU form- attached here-

If you get SSA for these SC disabilities check Yes to # 18 and under remarks (attach more pages if needed) tell them the side affects of any meds you take.

TDIU_form.pdf

[Josh]

Iwas just wondering, when secondary conditions exist as a result of a SC disability and they are duly noted in your VA medical records at a RO DRO total review, will they or should they note them independently during their review, or do you, as the claimant, need to point them out one by one?

Josh

;)

Edited November 16, 2005 by Josh

[Guest Berta]

Josh-good question-

I sure have a philosophy on that-

I have watched "Philadelphia" the movie many many times-

As the lawyer for Tom Hanks -Denzel Washington would say-

"tell me that like I am ten years old" to get a good comprehension of the basis of his client's case.

I think we have tell the VA stuff like they are ten years old-

what I mean is- not leave anything up to them-

no matter how obvious it is in the medical records.

Sure -they are supposed to consider any disability a veteran has for potential of SC -

but they don't do that.

I think a veteran with secondary conditions has to

1. specifically request service connection for them

2. tell the VA why it should be secondary

3. send them evidence that shows it is

For example I have a vet with 40% DMII and cataracts.

It is well known medically that DMII can cause cataracts.

His medical records reveal no other etiology for his cataracts.

His cataracts do not predate his diabetes.

We sent the VA their own training letter on DMII that states cataracts can be caused by-thus secondary due to DMII.

[john999]

Josh

Just like Berta says, you need to point out every secondary condition because with diabetes, for instance, the secondary conditions are rated separately. In my case I have peripheral neuropathy secondary to DMII. I was rated on each limb and given a separate rating. You need to have an opinion saying that the secondary condition is at least as likely as not caused by the primary condition. The VA will not make the leap of logic and connect the dots if you don't force them to do it. They won't even connect you on an obvious SC condition unless you file a claim.