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Secondary Claim assistance

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2W1_Socal

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Hello, It has been a long time since I initially filed my claim back in 00 and don't remember it being this complex as I have read. Or maybe I am reading too much into it lol

 
Currently, @20% due to Invertebral disc syndrome (discectomy) Service connected
 
Looking to increase my rating due to a recent Spinal Fusion due to my rated condition and complications that arose during my surgery that was due to initial surgery while I was on active duty. 
 
I started my claim and now not sure how to proceed. 
 
1. Can I file for an increase on my own? I have doctors report from the surgery along with the epidurals and other treatments I received prior to my surgery.
 
2. Do I need the help of a VSO to submit my claim? (I filed my first claim on my own) 
 
3. I would also like to open additional cases for the pain in my legs due to my back pain. Never knew could have filed for this. the pain sucks and is only getting worse
 
4. Do I need an IMO, or is this not needed since i already have service connected injury on file?
 
Thanks in Advance for your help!!
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1.  Yes.  

2. No, especially not if you got SC on your own, and with hadit members help.  You can get a VSO, but there is usually a reason why the ones who are available are not busy.  

3.  Do this sooner as opposed to later.  

4.  I can not tell if you need an IMO/IME at this point or not.  Do you have, for each claimed condition:

a.  Current diagnosis

b.  In service event or aggravation (You should not need this for secondary conditions, as this was already established with your previous service connection, but see below.  ).

c.  A nexus, or a doctor who wrote in your reports something real close to: "The VEterans (diagnosis) is at least as likely as not due to (an event in service)."     If this is a secondary condition, then your nexus needs to be slightly different:  "The Veterans (secondary diagnosis) is at least as likely as not due to complications from (the primary condition).  

If you order your medical records, and they do not contain the Caluza big 3 (explained in a,b,c above) then, yes, you need to get that before you will get benefits, which usually means an IMO/IME.  

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Look up the DBQ, have your physician fill it out, then get them to do a medical opinion as well.

I'm not sure if that's Periph  Neuro, Sciatica, or the other one or I'd try to find it. I don't know what the format for medical opinion is- The hearing loss/Tinnitus DBQ has opinion included, but I don't other do.

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Even though some secondary conditions are Obviously due to an established SC condition, the VA will often get a C & P examiner to somehow go against the secondary claim.Not all of them will however, depending on the medical evidence you have and if they read it well.

But since secondarys often need an IMO/IME ,and the criteria for that is in our IMO forum here,

it should not be difficult for an independent doctor with expertise in the filed of your disability to give VA a solid medical rationale as to why "it is more likely than not" that your secondary condition is due to the established SC condition....and it helps if the add that there is no other etiology or cause of the secondary.

I am not sure what diagnosis the secondary condition would have (not enough info here to guess)and

" I would also like to open additional cases for the pain in my legs due to my back pain. Never knew could have filed for this. the pain sucks and is only getting worse."

That too could be claimed with a specific diagnosis and medical rationale that the IMO/IME doctor could provide.

You stated:

"Can I file for an increase on my own? I have doctors report from the surgery along with the epidurals and other treatments I received prior to my surgery."
 
The secondary condition would require medical documentation that occurred after the surgery, and all treatment for it that is current.
 

 

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Thanks everyone for their input very helpful!

@Think I might need a VSO to help me out to ensure I don't miss anything. Any recommendations for a local VSO? Located in the Los Angeles Area (San Fernando Valley) 

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Just fill out a 526 online and have the VA do the rest, upload the medical documents through eBenefits. Don't put anything on the lines that ask if/where you were treated or that will confuse the stupid VSR; they'll 'develop' for the records you just gave them, or 'develop' to you to try to get more info on the VA clinic ...

A VSO is worthless and will only lose your claim, give you bad advice, then blow you off when you need help.

Secondary and Increase are the simplest of jobs for the VSR; it just goes to exam. Whomever actually does the exam (likely contractors LSAD or something in LA) are who effectively decide.

If they deny it, then you can always go the independent route.

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Most important part is getting a specialist Doc to connect the secondary to your already S.C. Disability  and two good words to for them to mention is ''Related to'' and leave out ''caused by'' caused by is pure speculation & then state  is likey as not related to his military service secondary to his PTSD  ect,,,ect,,,

Also not all VSR are Idiots  there are some good ones out there...you just have to find them.

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