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Secondary Conditions

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usaf1970

Question

I received a service connected disability rating for kidney disease recently of 60%. I have multiple other conditions at least two of which should have no problem being connected as a secondary disease. Gout and hypertension. Since I am going through the process of filing another claim...I feel like I might as well throw everything out on the table. So a couple of other things that I have also filed for aren't as clearly connected. Depression and sleep apnea.

My question is, should i even bother pushing the envelope on the other two conditions - depression and sleep apnea? I dont know if they are related or caused by kidney problems or not. So could it hurt anything to submit them as well as the other two? Without a doubt in my mind I have bad depression as a result of kidney disease and gout.

What are your thoughts?

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Either CUE or a 38 CFR 3.156 claim can often establish a better EED.

It depends on how they worded the older decision in tha Reasons and Basis part, also what the Rating sheet says, as to the diagnostic code, and the rating under NSC.and also what they listed as Evidence.

These are two distinctly separate types of claims and we have lots of good info on them both here available under a search.

Neither claim ( CUE or 3.156) is 'better' then the other.I think a valid 3.156 claim would be easier than CUE but The Best is the one that will render a claimant more retro.

The best type of claim to file would be dependent on their past decisions and the stuff I mentioned above.

CUEs are often found on rating sheets.

3.156 retros lay often in 'newly discovered service records' or other evidence mentioned in the 38CFR 3.156 regulations.

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