Secondary Condition

[*Bergie*]

Ok,

I have cervical radiculopathy that is SC and now I found out that it is making my carpel tunnel syndrom worse. As a result I now have to have carpel tunnel surgery. My question can I file for secondary connection of "non service connected" carpel tunnel syndrom secondary to the cervical radiculopathy. I spoke to my neurologist and he wrote me a "nexus" connecting the worsening condition to the cervical radiculopathy.

Thank you,

Bergie

[jbasser]

Ok,

I have cervical radiculopathy that is SC and now I found out that it is making my carpel tunnel syndrom worse. As a result I now have to have carpel tunnel surgery. My question can I file for secondary connection of "non service connected" carpel tunnel syndrom secondary to the cervical radiculopathy. I spoke to my neurologist and he wrote me a "nexus" connecting the worsening condition to the cervical radiculopathy.

Thank you,

Bergie

Just have him state the carpal tunnel is a Median or Ulnar neoropathy and is a result of the cervicel spine defect at c5.

This would be an increase claim.

J

[carlie]

Bergie,

Here you go.

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)

© Cardiovascular disease. Ischemic heart disease or other cardiovascular disease developing in a veteran who has a service-connected amputation of one lower extremity at or above the knee or service-connected amputations of both lower extremities at or above the ankles, shall be held to be the proximate result of the service-connected amputation or amputations.

(Authority: 38 U.S.C. 501, 1110–1131)

[44 FR 50340, Aug. 28, 1979, as amended at 66 FR 18198, Apr. 6, 2001; 71 FR 52747, Sept. 7, 2006]

EXAMPLE :

38 C.F.R.

§ 3.310 authorizes a grant of service connection not only for disability caused by a service-connected disability, but for the extent of additional disability resulting from aggravation of a non service-connected disability by a service-connected disability.

As the VA examiner reported that there has been a measurable permanent increase of his non service-connected ............

[*Bergie*]

Ok,

I have cervical radiculopathy that is SC and now I found out that it is making my carpel tunnel syndrom worse. As a result I now have to have carpel tunnel surgery. My question can I file for secondary connection of "non service connected" carpel tunnel syndrom secondary to the cervical radiculopathy. I spoke to my neurologist and he wrote me a "nexus" connecting the worsening condition to the cervical radiculopathy.

Thank you,

Bergie

Is there a specific diagnostic code number used for carpel tunnel syndrome?

Bergie

[carlie]

8515 Median nerve, paralysis.

http://www4.va.gov/vetapp09/files1/0900325.txt

CONCLUSIONS OF LAW

1. The criteria for a disability rating of 30 percent, but

no higher, for right (major) carpal tunnel syndrome are met,

effective June 9, 2002. 38 U.S.C.A. §§ 1155, 5103, 5103A,

5107 (West 2002 & Supp. 2007); 38 C.F.R. § 4.124a, Diagnostic

Code 8515 (2008).

2. The criteria for a disability rating of 10 percent, but

no higher, for right (major) carpal tunnel syndrome are met,

effective November 1, 2002. 38 U.S.C.A. §§ 1155, 5103, 5103A,

5107 (West 2002 & Supp. 2007); 38 C.F.R. § 4.124a, Diagnostic

Code 8515 (2008).

3. The criteria for a disability rating higher than 10

percent for left (minor) carpal tunnel syndrome are not met,

effective June 9, 2002. 38 U.S.C.A. §§ 1155, 5103, 5103A,

5107 (West 2002 & Supp. 2007); 38 C.F.R. § 4.124a, Diagnostic

Code 8515 (2008).

4. The criteria for a disability rating of 10 percent, but

no higher, for left (minor) carpal tunnel syndrome are met,

effective November 25, 2003. 38 U.S.C.A. §§ 1155, 5103,

5103A, 5107 (West 2002 & Supp. 2007); 38 C.F.R. § 4.124a,

Diagnostic Code 8515 (2008).

[*Bergie*]

Bergie,

Here you go.

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.

(:D 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)

© Cardiovascular disease. Ischemic heart disease or other cardiovascular disease developing in a veteran who has a service-connected amputation of one lower extremity at or above the knee or service-connected amputations of both lower extremities at or above the ankles, shall be held to be the proximate result of the service-connected amputation or amputations.

(Authority: 38 U.S.C. 501, 1110–1131)

[44 FR 50340, Aug. 28, 1979, as amended at 66 FR 18198, Apr. 6, 2001; 71 FR 52747, Sept. 7, 2006]

EXAMPLE :

38 C.F.R.

§ 3.310 authorizes a grant of service connection not only for disability caused by a service-connected disability, but for the extent of additional disability resulting from aggravation of a non service-connected disability by a service-connected disability.

As the VA examiner reported that there has been a measurable permanent increase of his non service-connected ............

Thanks again carlie, this will definately help.

Bergie

[*Bergie*]

8515 Median nerve, paralysis.

http://www4.va.gov/vetapp09/files1/0900325.txt

CONCLUSIONS OF LAW

1. The criteria for a disability rating of 30 percent, but

no higher, for right (major) carpal tunnel syndrome are met,

effective June 9, 2002. 38 U.S.C.A. §§ 1155, 5103, 5103A,

5107 (West 2002 & Supp. 2007); 38 C.F.R. § 4.124a, Diagnostic

Code 8515 (2008).

2. The criteria for a disability rating of 10 percent, but

no higher, for right (major) carpal tunnel syndrome are met,

effective November 1, 2002. 38 U.S.C.A. §§ 1155, 5103, 5103A,

5107 (West 2002 & Supp. 2007); 38 C.F.R. § 4.124a, Diagnostic

Code 8515 (2008).

3. The criteria for a disability rating higher than 10

percent for left (minor) carpal tunnel syndrome are not met,

effective June 9, 2002. 38 U.S.C.A. §§ 1155, 5103, 5103A,

5107 (West 2002 & Supp. 2007); 38 C.F.R. § 4.124a, Diagnostic

Code 8515 (2008).

4. The criteria for a disability rating of 10 percent, but

no higher, for left (minor) carpal tunnel syndrome are met,

effective November 25, 2003. 38 U.S.C.A. §§ 1155, 5103,

5103A, 5107 (West 2002 & Supp. 2007); 38 C.F.R. § 4.124a,

Diagnostic Code 8515 (2008).

Thanks again carlie :D .

Bergie

Edited January 21, 2010 by *Bergie*