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Rule For Non Sc Condition


sbrewer
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Hi,

Can someone point me in the right direction? I believe there was a rule about...if a non sc condition causes a sc condition to worsen, then the non sc condition could be rated.

I hope I am remembering this correctly.

thanks,

sbrewer

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Hi,

Can someone point me in the right direction? I believe there was a rule about...if a non sc condition causes a sc condition to worsen, then the non sc condition could be rated.

I hope I am remembering this correctly.

thanks,

sbrewer

i don't know where you live but i will give you advice

1.) do not go to the DAV just yet

2.) go to www.vawatchdog.com jim strickland this fellow can ans your question

3.) go to VSO veterans service officer for the state you live in most states have a state vet rep

4.) look up the regs in 38 cfr code federal regs

5.) then find out when the dav mobile truck is in your area but be careful here!!

6.) last piece of advice once you meet the dav believe ----------it or not they are a direct pipe line to va

word to the wise once the dav knows you the va will know who you are shortly their after get the picture. DAV and VA sleep in the same bed so to speak.

get all your facts records consult va watch dog consult fellow vets here i have learned so much from my peers here!!! before even thinking dav va just yet----------- county vet REPS are pretty good

good luck hope things work out for you !!!!

find out if you need an ime idependent medical eval TO before going forward

WITH VA COVER YOUR FLANK AND WATCH YOUR REAR THEY ARE RELENTLESS IN APPLYING THEIR VERSION OF FEDERALS REGS

AGAIN GOOD LUCK HOPE YOU WIN IF YOU LOOSE APPEAL APPEAL

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sbrewer,

Although it doesn't read as you posted, I think this maybe the Reg you are looking for.

Let us know if it's what your looking for - if not, perhaps poster's can keep trying to help.

Hope this helps a vet.

carlie

§ 3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(a) General. Except as provided in §3.300©, disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

(b) Aggravation of nonservice-connected disabilities. Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected. However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury. The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level.

(Authority: 38 U.S.C. 1110 and 1131)

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Hi,

Can someone point me in the right direction? I believe there was a rule about...if a non sc condition causes a sc condition to worsen, then the non sc condition could be rated.

I hope I am remembering this correctly.

thanks,

sbrewer

Sbrewer, the VA will not SC a non-SC condition if it is aggravating a SC condition. As a matter of fact they could/may decrease the level of disability rating if they determine that the Non-service connected condition was or is the cause of the increase in disability of the SC condition.

The only way this applies is the other way round. If a SC condition aggravates a Non-SC condition then the level of aggravation of the Non-SC condition can be service connected.

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