Secondary condition question

[saxman]

Hello everybody!  according to CFR 3.310 secondary condition become part of the original condition when service connection is establish for the secondary condition. My question is will my secondary condition be considered static since the original condition is static and 20 year protected?  All replies are welcome.  Thanks!

[saxman]

Broncovet- I'm not 5 year protected on any of the secondary conditions yet!

[Buck52]

I guess I don't understand your question?

  As I thought you were at your 20 year protection rule

And was asking if your secondary conditions that were S.C. & Rated were included in the 20 year protection Rule?

[pwrslm]

static would need to be a medical determination so a vets lay statement would be worthless in this situation

if you cant get the VA Md to give say that this condition is permanent and will not likely improve in the future than you would need an IMO from a non-VA Dr to make the determination

if you provide the RO with the statement, they cannot ignore it and must include it in any decision 

if they ignore it then it should be winnable via appeal - unless they have an opinion stating that the condition is expected to improve (in which case you would be given the initial rating based on current severity and then a future exam scheduled)

[saxman]

Buck52, I was service connected for condition "A" 01/01/1993.  Fast forward 0707/2013 I filed a secondary claim for condition "A" .  At this point Condition "A" is static and 20 year protected.  The secondary claim was noted to be static for this secondary claim.  When I filed another secondary claim last year and it was awarded May of this year it did not say static.

[Buck52]

Ok

If its not static  then No ,the EED  goes by the date claimed for secondary.

(In my opinion) Still searching the Regs

but if any of your secondary conditions that are rated as static or  show no future improvement in your life time or was  of nature and not expected to improve in your life time  then I'd say yes the EED will /or should go back to when you first filed in 1/1/93  because its consider part of the original disability as a whole.

However

I am not 100% sure on this. I been looking for the Regs on this

Ms Berta or Alex will know for sure and broncovet,I've never thought about this until you ask about it,  like broncovet mention its a good question.

In added disability's from secondary, the EED is usually from the date of the claim...but they have a cluse or depends on the severity of the condition. Static /chronic  or of nature   then SMC are supposed to be invited if the veteran meets the SMC Criteria. (but that's another issue altogether) separate from a EED for the 20 year rule.

What I don't understand is  a secondary condition when Approved is part of the ordinal  S.C. condition.  but they may go by the manifested date of the secondary condition or  when it first arose or first started...??

[saxman]

Buck52, to throw another twist to this situation is the secondary conditions was noted in my military medical records in 1992 before I left the service and filed my claim in 1993. I didn't file the secondary claim until july of 2013 because I didn't know they were connected to my primary condition claim I filed in 1993.