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

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JHawks

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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.

70% SC Disabled Vet

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As far as I know there is no advantage having a disablility rated as primary or secondary. The difference is usually if a disibility is primary sc'd it's because it was in your smr. If you have a disability that develops because of a primary disability, then that disability would be secondary to that disability. For example in my case, I have a primary rated disability of degenerative arthritus of the lumbar spine. I developed bilateral sciatica over the years due to the degenerative arthritus of the lumbar spine. The bilateral sciatica is secondary. The VA will still give you a rating for the disability it deems as sc'd whether it is primary or secondary.

Can someone please explain to me what the advantage is to have a claim rates as primary vs. secondary?

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