Double Take

[cooter]

Another question for you folks I couldn't find the answere for; Say you file a claim for secondary injuries (back pain) due to SC injury. That claim comes back denide. Can you file another claim with the same secondary injuries (back pain) due to a different SC injury?

Would VA call that conflicting of whatever?

[JR Reihs]

I don't see why you could not, but why would you not focus on the sc'd injury that was the cause.......If you have different injuries that could be the cause then you need to have your doc state as such.

I'm not seeing the point here?

[john999]

What you need is a doctor to say your back pain is secondary to some SC conditions. Then if they deny it you appeal and get more evidence. If you have good enough evidence you don't have to try and second guess what the VA may do.

[cooter]

I don't see why you could not, but why would you not focus on the sc'd injury that was the cause.......If you have different injuries that could be the cause then you need to have your doc state as such.

I'm not seeing the point here?

I realize what I posted was a bit confusing without stateing the whole scenerio. I hurt my back and leg on a parachute jump in 76', but my treatment records isn't in my SMR nor my c:file. I am SC for righ knee, which I had a TKR done in 2008. They awarded the SC due to my statement I made on my exit exam (that I did hurt it on a parachute jump). This is really confusing. Shall I file a claim for secondary neck and back aggrevation due to my SC, knowing I don't have the treatment records to prove it? OR, should I file for the secondary due to the gait I've had all these years walking with a limp because of the knee? I hope I didn't make this anymore confusing to you guys. So what your saying is have my Dr state both in his statement. Ok, I can do that.

[cooter]

What you need is a doctor to say your back pain is secondary to some SC conditions. Then if they deny it you appeal and get more evidence. If you have good enough evidence you don't have to try and second guess what the VA may do.

Thanks John! Read what I posted to JR, and hopefuly it's not as confusing as my first post.

[broncovet]

Cooter

You have a great point, which may have been lost.

I think you have a great idea.

Most Veterans are not doctors, so when we file for "secondary" benefits, only a doctors opinion "counts" that x was secondary to y. Of course, x can be secondary to condition z instead, and there is no reason a Veteran cannot file for x condition secondary to z, just because it had been denied as secondary to y.

I say go for it. Let the doc decide if your secondary condition, x, was related to Service connected condition Y or Z.

[cooter]

Cooter

You have a great point, which may have been lost.

I think you have a great idea.

Most Veterans are not doctors, so when we file for "secondary" benefits, only a doctors opinion "counts" that x was secondary to y. Of course, x can be secondary to condition z instead, and there is no reason a Veteran cannot file for x condition secondary to z, just because it had been denied as secondary to y.

I say go for it. Let the doc decide if your secondary condition, x, was related to Service connected condition Y or Z.

broncovet,

I been tossin that around alot and for some reason I'm thinking, since they SC my knee based on my statement (injured on parachute jump) on the exit exam alone. Then, I wonder if the back and neck issues claimed as secondary would be like 50/50 giving the Vet the benifit of doubt. NOW, the reason I'm saying this is, say the Dr notes that my back and neck injuries are due to the jump. then he writes a nexus stateing that. Would VA view the claim as a equipoise? I'm not trying to second guess the VA, I'm just trying to procede the safest route. But, like you and everyone else who responded to this post, let the Dr decide seems to be the opinion. I'll go with that.

Thanks for the comeback folks!