Explanation Please

[TLaff]

I am rated at 30% for triple cervical fusion and 20% for anular tear (herniated disc lumbar) in which i have an appeal in for low ratings for both. I had used Dr. Bash to look at all my medial papers and this below is what he came up with in which i had made recent new claims on according to his IMO and the VA placed (New) or (Secondary) behind each claim and posted on my eBenefits site. Could you tell me exactly what this means when they place (New or Secondary) behind them???? I thought they were all new claims? I have not had any C&P exams for the New claims yet.

Contentions:

Chronic daily headaches/ migraines (New), Major depressive disorder (mental condtion) (New), Renal disease (Secondary), Erection and ejaculation condition (Secondary), Special Monthly Compensation (New), Loss of Use (New), Neurogenic/ spastic bladder condition (New), Bowel condition (Secondary), Throracic Spine condition (Secondary), Sciatic distriution pain with foot weakness (New), Loss of use of left lower extremity (New), Thoracic outlet syndrome with numbness of the ipsilateral fourth and fifth digits (New), Radiculpathy upper extremities (including shoulder pain, bilateral hand weakness, radiating pain into right arm involvin (New),

Also can anyone tell me how his IMO will stand?

TLaff

[Berta]

"Could you tell me exactly what this means when they place (New or Secondary) behind them???? "

Without seeing the actual IMO, it appears to me that Dr. Bash isolated all potential directly service connected conditions and then opined, as well, on additional conditions you have that could possibly be awarded as secondarys.

He did that in my IMOs too.

My main claim was for DMII,untreated and indiagnosed by VA as contributing to my husband's death.I could not file claim under 1151 or FTCA them again as I already received 1151 and FTCA award, so I shaped this claim as death due to DMII from AO.

In the IMos Dr. Bash correcty associated my husband's major catastrophic CVA (stroke) with the DMII as well as his fatal heart disease.

The DMII was the prime disability claimed. The CVA and IHD were secondarys.

Almost always a vet claiming a secondary needs a strong medical statement that proves the secondary disability stemmed from the initial SC disability, and therefore should also be service connected.

This is the advantageof having a real doctor like Dr Bash opine on your disabilities as VA won't regard anything as secondary,in most cases, without strong medical evidence.And they usually wont look fr that evidence.

With the "new" claims you will need to satisfy the nexus requirements.

For the secondarys it seems to me he used your established SC disability as the nexus factor for some of them.Hard to know without the actual IMO.

You will probably receive a VCAA letter on the new claims and they will set you up for C & P exams.

Edited March 7, 2012 by Berta

[TLaff]

What im confused about is the Claims filed that Dr. Bash provided me did not state New or Secondary and after i sent them to the VA i seen on my ebenefits account the VA placed New or Secondary behind them and my concern is what does it mean that they have done this and have not given me any exams yet and some that say secondary are actually New so im consused with all that. Second I have seen somewhere in order to obtain TDIU you must have at least 60% ?? with at least one rating being at least 40% ?? what if I have 30% and 20% original claims and several secondaries that ad up to 70% or more??

[Berta]

"Second I have seen somewhere in order to obtain TDIU you must have at least 60% ?? with at least one rating being at least 40% ?? what if I have 30% and 20% original claims and several secondaries that ad up to 70% or more?? "

70% SC is what triggers VA to consider TDIU and send you the TDIU form.

However,it is the applied policy for VA to award TDIU when the medical evidence warrants it, regardless of rating.

If a veteran believes their SC disability prevents them from working,they should fill out and send VA the 21-8940 TDIU ...Yesterday!

To preserve their earliest effective date for retro if TDIU is awarded.

A vet who receives SSDI solely for SC disability(ies) has excellent proof that they are unemployable due to SC.

Any vet turned down by Voc Rehab solely due to their SC disabilities (documented) also has excellent evcidence that they are unemployable due to their service.

On the TDIU form vets should check Yes to Question # 18 and then under # 25 Remarks, refer them to a separate page and put name address,C file number on it and tell them exactly what they receive SSDI for as well as tell them if Voc Rehab tuirned them down due to SC and also they should tell VA of any side affects from their SC meds that would hinder or prohibit employment.

I have no idea, if Dr. Bash didnt specify what is primary and what is secondary, as to what VA did ,that appears on ebenefits.

Do you have a vet rep who could possible help decifer that or you could use the IRIS system at the main VA web site under "Contact Us" and perhaps they might be able to give you a better idea of what VA has considered as new and what they are considering as secondary claims.

Best to ask IRIS for an email instead of a phone call so you have hard copy of what they say.

Make sure you put your C file # on everything you send them (make copy of what you send first) and get a proof of mailing.

Edited March 8, 2012 by Berta