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secondary service connection

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gousto0731

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what if your doctor states that he is 100% certain that it your left leg was secondary to favoring the right leg.

what is the benefit of filing direct service connection or secondary service connection.

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There are three things you need in order to be compensated by the VA

1.   An injury, illness, or event acquired while you were serving in the military.

2.  A current diagnosis or disability, or recurring or persistent symptoms of a disability.

3.  Competent and credible evidence that shows the injury is related to the current diagnosis.       

Because you are already service connected for one leg  (and the doctor states that your other leg is due to your service connected leg) why go through the hassle of trying to prove that your non service connected leg is service connected?  You have already got a doctors 100% statement that your one leg is the result of a service connected leg. . .Sounds like a slam dunk to me.               

Edited by toddt
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Is your right leg injury service connected?  If so, that sounds like secondary service connection to the right leg injury.  

If it were me, I would file both, and CYA.  Something like, "I wish to apply for service connection for the left leg, both direct and secondary to the SC right leg".  

Then I would let the doctors and VA people do their job and worry about whether is primary or secondary. 

If you are rated XX percent, it wont matter much to you.  For example, when you go to buy a gallon of milk at the grocery store, its unlikely they will ask, "Now did you get this money from Primary Service connection or secondary SC?"  

If they did ask such a question, then I would simply decline to answer.  If they persisted, tell them you need Their social security number, credit card number, expiration date, pin code, address, full name, mothers maiden name, and all their usernames and passwords before you can release that information.  

Edited by broncovet
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On 2/17/2016 at 4:31 PM, toddt said:

There are three things you need in order to be compensated by the VA

1.   An injury, illness, or event acquired while you were serving in the military.

2.  A current diagnosis or disability, or recurring or persistent symptoms of a disability.

3.  Competent and credible evidence that shows the injury is related to the current diagnosis.       

Because you are already service connected for one leg  (and the doctor states that your other leg is due to your service connected leg) why go through the hassle of trying to prove that your non service connected leg is service connected?  You have already got a doctors 100% statement that your one leg is the result of a service connected leg. . .Sounds like a slam dunk to me.               

Don't forget the brick, cuz sometimes the dunk don't stick.  I recently filed R ankle secondary to L ankle(SC since day one) and feet9also SCD).  The examiner noted ROM, and opined that it was due to the bilateral foot condition.  I can't remember if he said "at least as likely, or more than likely".  But either way, he said it was due to the SC foot condition.  However ebenefits is showing it listed as primary, even tho I filed it as secondary, and denied it.  I'm waiting on my letter to see why they denied what the examiner said was SC secondary to already SCD.

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