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Secondary conditions

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Garrett

Question

After about 10 years, VA finally made a decision on my appeal. It was remanded back to the original office back in February of 2016. It took an additional 2 plus years to get my rating. In April of 2010 I was awarded a combined rating of 50% that included 20% for my right shoulder. 20% for left shoulder, 10% for left ankle condition, and 0% for GERD. While waiting, I filed a secondary claim for right ankle condition and tinnitus. I was awarded 10% for tinnitus and 10% for right ankle condition. I received 0% for left ear hearing loss. The remanded granted allergic rhinitis at 0%, and chronic bronchitis at 0%. They increased to gerd to 10% with sleep disturbance. Keep in mind I filed for sleep apnea in 2014. I am now at a combined rating of 70%. My question is can I filed for sleep apnea as a secondary condition  to gerd. I am also having problems with knees, hips and lower back. They denied a low back strain even though it's in my military medical records. I was involved in a car accident in 2009 and I think they used that as a escape goat. Can I filed secondary conditions relating to my ankle conditions?

Thanks, Garrett

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If you have a back strain reported in your SMR's I would use that to refile.  Have you read the full denial?  Did they specifically state anything about the car accident?  Use the SOC to pick apart their arguments and file an HLR if you do not have more information or an SLR is there is more evidence.  Will you redact and post the denial here?  

You can file anything as secondary to a service connected injury if there is a correlation.  I do not see sleep apnea as secondary to GERD but if you can find medical opinions that relate the two it may fly.   

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