Secondary Claim

[saxman]

I'm filing a secondary claim and wanted to know if you have to or should as for an increase on the primary disability when filing a secondary? 

[Slick]

I think two separate issues-  secondary disability is just that- caused by the 1st.

If the 1st disability has gotten worse the smart guys can answer whether you have to file for an increase or it will be questioned at C&P for secondary.  Personnally I've done it both ways.  actually was surprised when at an unrelated C&P doc brought up diabetes which I was previously denied for- discussed and was granted SC

[Buck52]

I believe you can file a ''new claim'' to be secondary to the S.C.Claim you currently have at the present.

filing an increase claim they would see what  your current disability is and see if it actually has got worse(medical evidence submitted by you)...then they either approve your increase or deny it?? once it is approved it becomes part of the orginal disability 

Federal law under 38 CFR 3.310 governs these claims, and once granted, the secondary condition is considered a part of the original condition.

so filing a'' secondary/or aggravated by'' claim would be the way to go  in my opinion...remember secondary Aggravated by  means there's a ''REASON''  &You want it to be S.C and  rating.

I'm not 100%sure   this is just my opinion.

but as slick mention maybe the smart  people can chime in here..because I sure don't want to tell you the wrong thing to do.

 

...........Buck

Edited June 11, 2016 by Buck52

[saxman]

Thanks Buck52 and Slick.  i think I will just file for the secondary without asking for an increase on the original disability because it has not gotten worse and it is also protected because I have been rated at the same level for that disability for over 20 years.