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ptsd Aggravation Of Nsc
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Question
Guest Berta
In many years I haven't seen too many claims that consider this facet of service connection.
Within 38 CFR 3.310 (a) an "Increase in nonservice connected disability caused by aggravation from a service connected disability will also be service connected."
(Allen V Brown ,7 Vet App,4391995)
Here an example: the vet's SC PTSD aggravated his NSC HBP and the HBP was service connected.
http://www.va.gov/vetapp05/files2/0510693.txt
Just as a medication needed for an SC condition can cause additional nsc BUT secondary disability that can be rated as SC, many other conditions that are NSC disabilities can be caused or aggravated by SC.
Say you have a SC back problem and develop problems with your knee-there is chance that the SC back is aggravating the NSC knee so the knee could be service connected as secondary or as part of the initial SC condition.
This takes medical evidence and always a good med opinion will help-
A veteran has the right to suggest within their claim, any possible avenue to lead to service connection.
Along with my present AO claim I filed two additional claims that could lead to direct service connected death of my husband.
Although the AO claim is the best medically documented one-
still the c file and other documents revealed two other potential ways to SC PTSD directly to Rod's death.
Also VA medical information clearly had associated his PTSD with his major stroke
yet my SO at the time of my award under 1151 did not advise me to attempt a claim for direct SC death.
My point is that in order to obtain SC for an NSC condition that might even seem remote- if the medical evidence suggests (or if you can get a doctor to state this) that the SC disability is aggravating it, that it becomes "proximately" due to the SC one and is service connectable.
Here is the M 21-1 version of this reg:
7.06 CLAIMS FOR SECONDARY SERVICE CONNECTION BY AGGRAVATION
a. Under the provisions of 38 CFR 3.310(a), disabilities which are proximately due to or the result of a service-connected condition will be service connected. An increase in nonservice-connected disability caused by aggravation from a service-connected disability will also be service connected under 38 CFR 3.310(a). (Allen v. Brown, 7 Vet. App. 439 (1995).)
b. In order to adjudicate a claim for secondary service connection for an incremental change in an otherwise nonservice-connected disability, first establish the baseline level of nonservice-connected disability and the level of additional disability which is considered proximately due to the service-connected disability. Request a medical examination, including review of the claims folder, for this purpose. Identify for the examiner the evidence of particular relevance in the claims file. Request that the examiner separately address each of the following medical issues. A medical report that fails to address these issues will not be considered sufficient for rating this type of claim:
(1) The baseline manifestations which are due to the effects of nonservice-connected disease or injury;
(2) The increased manifestations which, in the examiner's opinion, are proximately due to service-connected disability based on medical considerations;
(3) The medical considerations supporting an opinion that increased manifestations of a nonservice-connected disease or injury are proximately due to service-connected disability.
c. An examination which fails to identify baseline findings, or the increment of increased disability due to service-connected causes, would not be adequate for rating purposes.
d. When all potentially relevant records have been obtained, or it is determined that no further evidence can be obtained, order an examination. The examiner must have all available evidence for review when providing an opinion on the issues of aggravation and the degree of increased disability.
7-I-4
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