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Secondary Service Connection question


dwbell99
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Question

If a statement in the DECISION section of a Rating Decision lists "service connection", does this also cover a "secondary service connection"?

If so, where is this addressed in the VA regulations?

 

Edited by dwbell99
clarification of question
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It would depend on how "service connection" is used. Can you give us an example? (feel free to substitute any disability name).

For example, the VA may state for for "service connection", you would need to show X, Y, and Z.

They can also say "service connection"... "is granted" or "is denied". They would need to explain their decision.

 

 

Here are the elements of service connection: https://www.law.cornell.edu/cfr/text/38/3.303

Here are the elements of secondary service connection: https://www.law.cornell.edu/cfr/text/38/3.310
-- Secondary is referred to as "proximately due to"
-- Aggravation also applies

Keep in mind you can get secondary SC if it is due to an existing SC disability or the side effects of medication used to treat it.

 

I hope this helps!

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In every instance Im aware of the decision addresses whether its secondary or not.  However, its not clear that VA is required to disclose this (whether is primary, secondary, presumptive, etc.)   

You see, the Board is required to give a reasons and bases, but often RO decisions do not do this.  

A BVA decision that does not give an adequate R and B means a remand.  Remands, altho sometimes necessary, are a massive waste of time for both us and VA.  

The VA has to award the Veteran the maximum benefit allowed by law, and must do so in part via 38 cfr. 4.6.  Now, please tell us why you ask this, there is probably more to it than you initially asked.  We are not being nosy, but we cant give specific answers to general qustions, so you will need to provide more information to get a better answer.  

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On 1/21/2020 at 3:59 PM, broncovet said:

In every instance Im aware of the decision addresses whether its secondary or not.  However, its not clear that VA is required to disclose this (whether is primary, secondary, presumptive, etc.)   

You see, the Board is required to give a reasons and bases, but often RO decisions do not do this.  

A BVA decision that does not give an adequate R and B means a remand.  Remands, altho sometimes necessary, are a massive waste of time for both us and VA.  

The VA has to award the Veteran the maximum benefit allowed by law, and must do so in part via 38 cfr. 4.6.  Now, please tell us why you ask this, there is probably more to it than you initially asked.  We are not being nosy, but we cant give specific answers to general qustions, so you will need to provide more information to get a better answer.  

Claim history:

01/19/2016, submitted claim for "Veterans lower bilateral knee pain and musculoskeletal injuries are MORE LIKELY THAN NOT >50% SERVICE CONNECTED".

11/29/2016, Rating Decision listed:
Explanation:
Service connection for right knee degenerative osteoarthritis is denied since this condition neither occurred in nor was caused by service.
 
10/18/2017, submitted claim which corrected the 01/19/2016 service connection with secondary service connection (which VA made an appeal to 01/19/2016 claim) for "Veteran lower bilateral knee strain and painful range of motion are MORE LIKELY THAN NOT > 50% secondary service connected (due to abnormal gait caused by service connected left ankle disability".

03/26/2018, Rating Decision listed:
DECISION
The previous denial of service connection for left knee degenerative osteoarthritis is confirmed and continued.

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Good News.  I submitted a supplemental claim dated March 17, 2020 for bilateral knees secondary to service-connected left ankle disability.

Rating Decision dated 04/10/2020 awarded:

1. 10% service connection for left knee degenerative osteoarthritis effective March 7, 2016.

2. 10% service connection for right knee degenerative osteoarthritis effective March 7, 2016.

 

 

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3 hours ago, dwbell99 said:

Good News.  I submitted a supplemental claim dated March 17, 2020 for bilateral knees secondary to service-connected left ankle disability.

Rating Decision dated 04/10/2020 awarded:

1. 10% service connection for left knee degenerative osteoarthritis effective March 7, 2016.

2. 10% service connection for right knee degenerative osteoarthritis effective March 7, 2016.

 

 

Congrats!  At least they seem to have gotten you effective dates correct. I submitted a supplemental claim on February 3, 2020 for knees, back and left ankle secondary to my service connected pes planus and right ankle.  I originally filed these back in 2010 and had been dealing with appeals. BVA remanded them in 2017 and I opted into RAMP where they were denied. They were finally approved in March but instead of 2010 being my effective date they made February 3, 2020 my effective date. Clearly an error. 

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Yeah I am waiting to see what they do with mine. I think I will end up at the Board which is fine with me.

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