Just wondering, if this maybe a CUE?

[Sailorman]

In 2012, I was denied service connected for Necrotizing Myopathy. At the on-site of my disease my private doctors believed my muscle weakness was due to my statin meds. This is the reason the VA turndown my claim. I also submitted the claim under desert storm undiagnosed illness since sat time my condition was being examine to to find the try cause of the illness. 

After further testing, my diagnosis were Limb Girdle MD (adult onset).  The reason I believe the initial, claim may be a CUE because the condition was chronic and therefore as should had fallen under presumptions. Am I correct? Or, should I just resubmit a new claim for Limb Girdle?  

Yes, I do have a nexus. 

Much appreciated!

[Buck52]

Ms berta are you correct!

Shannon Brewer senior attorney  :Hill & Ponton DISABILITY ATTORNEY'S 

''Aggravation is typically a more complicated issue to argue and prove to the VA, but the law provides that if a service-connected condition worsens a non-service-connected condition, the veteran is entitled to additional compensation and service connection for the aggravated condition. Let me provide an example to try and clarify this issue…suppose a veteran has a service connected disability which prevents him from taking a particular medication needed to control a non-service connected condition…the non-service connected condition is, of course going to be worsened by the veteran’s inability to take the proper medications.  The veteran will, then, be entitled to compensation for that worsening or aggravation.''

Be aware of the relationship between your service-connected and non-service-connected disabilities.  If your service-connected condition is causing or complicating your non-service-connected conditions, you are entitled to additional compensation and  should file a claim for secondary service-connection as soon as possible.

Tags: secondary disability, service connection.

 

 jmo,

if the disability is servere  it may meet the critera for the SMC. (LETTER)