Very Worried About My Claim. Please Help Me Figure This Out

[JHawks]

Response Via Email (Department of Veterans Affairs) 01/24/2011 10:21 AM Below is today's response to an IRIS inquiry on my claim. I am claiming bilateral CTS as SECONDARY to my current SC conditions. My C&P examiner's impression was "Severe bilateral CTS as likely as not 50/50 caused by use of cane required for current SC disabilities". I also provided nexus from a neurologist and EMG results showing "severe bilateral CTS."

According to the IRIS quote below "this condition may be rated as a primary condition as opposed to secondary". How can that be? Does it mean my claim for secondary will be denied?

This is soooooooooooooo confusing.

Dear Mr. :

This is in response to your inquiry to the Department of Veterans Affairs (VA), dated January 24, 2011.

Thank you for providing the additional information. Your file was reviewed by a Veteran's Service Representative and our system information indicates all the development has been received. It is now ready for a decision.

What we have received:

Name Date Received

-medical evidence since service for bilateral carpal tunnel 1-19-2011

-VCAA Notice Response 1-19-2011

-Reply from claimant 1-19-2011

-VHA examination - VAMC Charleston 1-20-2011

-secondary disability 1-20-2011 *closed

*If a developmental item is marked closed rather than received, this condition may be rated as a primary condition as opposed to secondary, depending on the information available in your claim file.

[Veldrina]

Hello,

Yes, sometimes the letters VA pumps out confuse even me, and i;'ve been there since 2001. I haven't seen that language used in our office, but i think what it's trying to say is that if for some reason a condition is closed (ie either cancelled, or rated) as secondary it will be considered as primary (ie not a result of another condition, so they will look for service records to establish a nexus, in which case if there's nothing in your service records regarding that condition it will be denied). But it doesn't say they did that, just that it;s a procedure.

CTS as in carpal tunnel system? I am assuming the doc related it to your cervical spine not lumbar?

Response Via Email (Department of Veterans Affairs) 01/24/2011 10:21 AM Below is today's response to an IRIS inquiry on my claim. I am claiming bilateral CTS as SECONDARY to my current SC conditions. My C&P examiner's impression was "Severe bilateral CTS as likely as not 50/50 caused by use of cane required for current SC disabilities". I also provided nexus from a neurologist and EMG results showing "severe bilateral CTS."

According to the IRIS quote below "this condition may be rated as a primary condition as opposed to secondary". How can that be? Does it mean my claim for secondary will be denied?

This is soooooooooooooo confusing.

Dear Mr. :

This is in response to your inquiry to the Department of Veterans Affairs (VA), dated January 24, 2011.

Thank you for providing the additional information. Your file was reviewed by a Veteran's Service Representative and our system information indicates all the development has been received. It is now ready for a decision.

What we have received:

Name Date Received

-medical evidence since service for bilateral carpal tunnel 1-19-2011

-VCAA Notice Response 1-19-2011

-Reply from claimant 1-19-2011

-VHA examination - VAMC Charleston 1-20-2011

-secondary disability 1-20-2011 *closed

*If a developmental item is marked closed rather than received, this condition may be rated as a primary condition as opposed to secondary, depending on the information available in your claim file.

[JHawks]

Hello,

Yes, sometimes the letters VA pumps out confuse even me, and i;'ve been there since 2001. I haven't seen that language used in our office, but i think what it's trying to say is that if for some reason a condition is closed (ie either cancelled, or rated) as secondary it will be considered as primary (ie not a result of another condition, so they will look for service records to establish a nexus, in which case if there's nothing in your service records regarding that condition it will be denied). But it doesn't say they did that, just that it;s a procedure.

CTS as in carpal tunnel system? I am assuming the doc related it to your cervical spine not lumbar?

You are probably correct. There is nothing in my service record about CTS (Carpal tunnel). It developed when I started using a cane that was prescribed to me to ambulate. My SC disabilities are bilateral ankles and bilateral knees. I have to use a cane to just walk. The VA even provided me the cane. I provided very credible nexus letters and also the nexus was provided by the C&P Examiner. All state "Severe Carpal Tunnel".

I agree that it looks like this claim will be denied now that they have removed (closed) the secondary issue. Now I would have to wait for YEARS to get this claim rated through appeal. By then I will be dead and buried. I don't have the energy to go that route. I will just walk away and let them win. I am soooooooo done with the VA after this.

Edited January 24, 2011 by JHawks

[broncovet]

I would like to welcome "Veldrina" to hadit. It sounds like you have some significant experience in the VA, and it is good to have you. I think most Vets would welcome someone from the VA to answer our questions and, better yet, actually solve some of our issues, maybe even from an "official" position. I have seen the possibility of a little of this going on at the VA blogs website, vantage point, from reading some of the comments there.

Hawk..

Sometimes I think it is better to concentrate on stuff at the VA that has happened, rather than worry about what Might happen. It has been my experience that the stuff I worry about mostly never happens anyway.

On the surface, at least, it should not be that bad for you for them to change something from secondary to primary service connection..both are paid the same and accrue the same benefits.

As to whether or not that could lead to a denial..well, it seems almost anything can lead to a denial, but I would not think that would happen all by itself unless there were other factors going on we dont know about.

[Notorious Kelly]

JHawks,

Sounds like they may just consider it as a primary affliction rather than secondary, meaning no harm, no foul.

I don't see anything negative about it. Please try to relax.

We're rooting for ya!

[JHawks]

I would like to welcome "Veldrina" to hadit. It sounds like you have some significant experience in the VA, and it is good to have you. I think most Vets would welcome someone from the VA to answer our questions and, better yet, actually solve some of our issues, maybe even from an "official" position. I have seen the possibility of a little of this going on at the VA blogs website, vantage point, from reading some of the comments there.

Hawk..

Sometimes I think it is better to concentrate on stuff at the VA that has happened, rather than worry about what Might happen. It has been my experience that the stuff I worry about mostly never happens anyway.

On the surface, at least, it should not be that bad for you for them to change something from secondary to primary service connection..both are paid the same and accrue the same benefits.

As to whether or not that could lead to a denial..well, it seems almost anything can lead to a denial, but I would not think that would happen all by itself unless there were other factors going on we dont know about.

Nope, pretty much all out there. I just don't know how something I put in for as a secondary condition to a SC disability could possibly be rated as "primary". It just doesn't make sense to me especially since I never had CTS in the service or for the many years after I got out. This is purely a secondary issue that the VA has "closed" as a secondary issue. The conclusion is more than obvious. Veldrina seems to know her stuff and she came to the same conclusion as I have.

[Veldrina]

dont give up just yet. If you have doctors giving the nexus of your CTS as secondary to cane usage, and even a VA doc establishing that nexus, they can't deny that. And the letter said it "could", meaning no decision has been made on that. I would write in (i know, it;s exhausting, but try). Just make sure that they are considering CTS SECONDARY to bilateral ankles AND knees (& any spine condition) due to cane usage. If you phrase it that way & tthey didn;t examine you as secondary for it, you wont be denied primary, or at least the office will get an error for denying it that way & they will have to redo your case (sans appeals process). If you have a POA (like american legion or veterans of foreign wars, etc) have them check on it without delay! POA will track down where your file is and i have had many of tem come to me in the middle of a rating to make sure all is copacetic.