ptsd Secondary Questions.

[mariorivera830]

Hey folks.

I was recently denied service connection for my Gerd and other GI diagnoses with the wording of "aggravated by PTSD but not caused by PTSD", is that a good basis for asking for those disabilities as secondary to PTSD?

And would those be opened as a new claim or can I NOD that?

Being 100% already, I wouldn't pursue it, but I need something like that service connected to protect my family should anything happen in the future.

Thanks in advance guys and I don't know where I'd be without somewhere and people like this place has.

[broncovet]

File a NOD, this looks like a mistake to me:

According to 38 CFR 3.322:

http://www.law.cornell.edu/cfr/text/38/3.322

§ 3.322 Rating of disabilities aggravated by service.

(b) Aggravation of service-connected disability. Where a disease or injury incurred in peacetime service is aggravated during service in a period of war, or conversely, where a disease or injury incurred in service during a period of war is aggravated during peacetime service, the entire disability flowing from the disease or injury will be service connected based on the war service.

Edited October 21, 2014 by broncovet

[jbasser]

The word aggravated is a very suggestive word. The VA uses this word in their quest to lowball the veteran as the regs also state that comp will be paid only to the extent of the agravation. This gives the RO legal authority to lowball the rating.

J