Deferred and not service connected

[shipper55]

I had received 100% temporary for my right shoulder due to a surgery for rotator cuff, I went to file for my left should as well, because it started hurting, the VA person who help me out filed it under a secondary condition, but I thought I was filing for a non secondary condition. My questions are:

1. Should I go back and file for my left shoulder as a non secondary condition?

2. I received my packet and it stated left shoulder condition was deferred until my C&P exam, I logged on to ebenefits today and it shows I did not receive anything for my left shoulder, and stated it was not service connected. I am getting 10% now for my right should since the temp 100% is now gone after 3 months.

3. Do I appeal the secondary condition or file under new left shoulder condition.

Thanks so much.

[Berta]

You need to appeal the secondary conditions with an IMO/IME...if in fact you got the C & P for it.

It could be a bilateral factor situation, but not enough info here to know.

The IMO doc will need a copy of the C & P and their rationale to deny the left shoulder in order to adequately prepare a strong opinion, if there is a medical nexus between both shoulders.

[Berta]

forgot to add...the IMO doctor also might feel the 10% rating is too low and provide medical statements to that affect and you could appeal the 10% as well.