Wayne TX Posted February 8, 2016 Share Posted February 8, 2016 Newbie here........I am in the process of filing a new claimcapped at 10%. I am already SC for allergic rhinitis and sinusitis. Can I use both as secondary to new claim or does VA accept only one as a secondary period? Thanks.. Link to comment Share on other sites More sharing options...
0 green Posted February 8, 2016 Share Posted February 8, 2016 I'm not sure I really understand your question. You are not limited to the number of secondary conditions, in fact a disabled vet may develop secondary conditions to their secondary conditions. Link to comment Share on other sites More sharing options...
0 Gastone Posted February 8, 2016 Share Posted February 8, 2016 Did you mean, use your current DX'd SC as the Primary cause of your (2) NEW DX'd condition that you believe are directly linked to the SC'd condition? As long as there is a possible medical linkage "Nexus" to your current SC with regards to either causing or aggravating the New DX, file for it. An FDC with a Specialist's DBQ attached would get the fastest response. What do your Dr's say, regarding the etiology of your Newly DX'd conditions? Semper Fi rwskitch 1 Link to comment Share on other sites More sharing options...
0 Content Curator/HadIt.com Elder Vync Posted February 8, 2016 Content Curator/HadIt.com Elder Share Posted February 8, 2016 It is possible to file for a new claim at the same time you file for a secondary. Here's a generic example from personal experience: - File for direct SC for lumbar spine - File for sciatica/radiculopathy as secondary to lumbar spine. Even though lumbar is not SC yet, you are telling the VA to explore both disabilities and also the potential that the potential secondary is caused by the potential primary disability. You do not have to first file for lumbar and wait for it to be granted before filing for secondary disabilities. However, if you go ahead and get an IMO/nexus in your favor for both conditions, it could help lot. Even though the VA is supposed to consider potential secondaries, I recommend you try to get all the work done ahead of time and spoon feed it to the VA. If you are unable to get an IMO/nexus in advance, the VA should offer a C&P exam. Personally, I feel more comfortable submitting a solid claim without relying on the VA to connect the dots. rwskitch 1 Link to comment Share on other sites More sharing options...
0 Guest Posted February 8, 2016 Share Posted February 8, 2016 If you mean can you claim secondary claims to a claim that is not or pending service connection. Yes you can but the problem would be that it would make it very, I mean very easy for VA to deny all the claims if the pending claim or the not service connected claim was not granted. Vync 1 Link to comment Share on other sites More sharing options...
0 Content Curator/HadIt.com Elder Vync Posted February 8, 2016 Content Curator/HadIt.com Elder Share Posted February 8, 2016 Pete is indeed correct. This happened to me and it can be called the "domino effect" or "lazy rater syndrome". I don't presume to know what goes through the mind of a rater, but they might see it as a fast way to get some claims off of their workload. I kept all of the denied claims alive on appeal until I won both the direct and secondary issues. Keeping them alive like this can help preserve the original effective dates which potentially means more retro and puts you that much closer to 5/10/20 year rating protection. rwskitch 1 Link to comment Share on other sites More sharing options...
0 Wayne TX Posted February 9, 2016 Author Share Posted February 9, 2016 Thanks to all of you getting back to me.....good feedback. Gastone nailed the Q I was asking .......which was can I submit new claims of Loss of Smell and Taste as secondary claims tusing both SC Allergic Rhintis and SC Sinusutis - versus being forced by some VA reg. to pick one or the other. I am 30% allergic rhinitis and 0% Sinusitis. I have bad rhintis (35 known allergies) and sinus two surgeries - active and VA. I am putting in for a increase immediately for Sinusitis as a reconsideration vs. NOD as I had 5 episodes last year - 4 requiring antibiotics - but since I reported less than 6 episodes treated by VA just 10% applies. I am filing next week on Loss of Smell and Loss of Taste - both 10% - I do have two Physicians - one VA C&P and one IME - both stating "at least as likely as not loss of smell/taste is service connected. How do my chances look there? They denied me last month on sleep apnea and deviated septum so filing NOD next week. I was really surprised with sleep apnea as it was my second VA sleep study (2015) and I did worse than the first one (2009) going from mild to moderate OSA with reckless legs syndrome, but it made no difference as I never reported any sleep problems on active duty and they said I was silent to active duty......yet I snored like a freight train I was told....and no I don't have a clue how to obtain lay buddy statements forgotten the names too. Who ever went on sick call for snoring? Who knew. My denied claim was for obese going up to 220 in service after entering at 170.........VSO said to file under obesity was my best bet........guess that is laughable and an easy denial at VA these days. I will appeal this time with both allergic rhinitis and sinusitis as SC......see what happens.....still 220 today. What is bad in my situation is dealing with allergies conjestion and sneezing, sinus infections, or sinus headaches while wearing a CPAP mask every night. Some nights it is a nightmare impossible to keep it on all night long. No one wants a CPAP mask - no one wants to die - so i'm not seeing it how VA can not rate 0% even if active duty records are silent. No one can trick a sleep study.......clinical obese is obesity......where do you go from here on active duty silent? Anyone have any suggestions on how to get SC for sleep apnea as secondary to an existing SC yet still no record of sleep issues in my SMR??? Stumped. On deviated septum denied.....said it had to be a traumatic injury to be rated. Had septum surgery in service....still denied. Had no idea had a deviated septum till I was told in service. Stumped again. Took me two years just to get my second SC granted at 0%......at least now foundation to increase and apply secondaries, Let me know if I'm right on this Q........if rated 50% VA covers all medical and no more service fees and co-pays for non-related SC to other clinics......is that right? It would help out financially if all my needs qualified as medical free and no co-pays on anything. Thanks for your help and time to respond. I hope to help fellow Vets with their Q's once I can get enough knowledge and experience to actually be helpful. Link to comment Share on other sites More sharing options...
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Wayne TX
Newbie here........I am in the process of filing a new claimcapped at 10%. I am already SC for allergic rhinitis and sinusitis. Can I use both as secondary to new claim or does VA accept only one as a secondary period? Thanks..
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Gastone
Did you mean, use your current DX'd SC as the Primary cause of your (2) NEW DX'd condition that you believe are directly linked to the SC'd condition? As long as there is a possible medical linka
Vync
It is possible to file for a new claim at the same time you file for a secondary. Here's a generic example from personal experience: - File for direct SC for lumbar spine - File for sciatica/ra
Guest
If you mean can you claim secondary claims to a claim that is not or pending service connection. Yes you can but the problem would be that it would make it very, I mean very easy for VA to deny a
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