Foxhound6 Posted January 29, 2020 Share Posted January 29, 2020 (edited) Curiosity question: If denied for a direct service connection issue, can you appeal it to be reviewed as a secondary to a current condition instead (based on evidence/CP opinion) or does this require a whole new claim? Edited January 29, 2020 by Foxhound6 Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted January 29, 2020 Moderator Share Posted January 29, 2020 (edited) Good question. I recommend you simply appeal a denial. VA has the responsibility of consider ALL methods of Service connection, to include: Primary (direct), secondary, Presumptive, etc. The VA should have considered the claim as secondary, provided that there was evidence that links the applied condition to a SC condition (that is, secondary). You can bring up "secondary condition" in your appeal, especially if you have evidence that your conditon was linked to an already sc condition. Its not required the Veteran understand the differences between primary SC, secondary SC, presumptive SC, or schedular or unschedular ratings. Its the VA's job to figure that out. Edited January 29, 2020 by broncovet Link to comment Share on other sites More sharing options...
0 Foxhound6 Posted January 29, 2020 Author Share Posted January 29, 2020 1 hour ago, broncovet said: Good question. I recommend you simply appeal a denial. VA has the responsibility of consider ALL methods of Service connection, to include: Primary (direct), secondary, Presumptive, etc. The VA should have considered the claim as secondary, provided that there was evidence that links the applied condition to a SC condition (that is, secondary). You can bring up "secondary condition" in your appeal, especially if you have evidence that your conditon was linked to an already sc condition. Its not required the Veteran understand the differences between primary SC, secondary SC, presumptive SC, or schedular or unschedular ratings. Its the VA's job to figure that out. Excellent. Thanks for that. I assumed that but I never like to assume things. Should give me multiple avenues to appeal this claim. Still waiting on the letter to arrive so I can see what the hiccup is. But this is helpful to know. thanks! Link to comment Share on other sites More sharing options...
0 Content Curator/HadIt.com Elder Vync Posted January 29, 2020 Content Curator/HadIt.com Elder Share Posted January 29, 2020 Again, great advice from @broncovet. This is another example of the VA rushing to deny without evaluating all the potential avenues. If you filed through a VSO, you can call and ask them if the letter is in VBMS. If it is, you can ask them to print it for you. I did that yesterday. My letter probably will not arrive in the mail until Friday or next week. Foxhound6 1 Link to comment Share on other sites More sharing options...
0 Foxhound6 Posted January 29, 2020 Author Share Posted January 29, 2020 42 minutes ago, Vync said: Again, great advice from @broncovet. This is another example of the VA rushing to deny without evaluating all the potential avenues. If you filed through a VSO, you can call and ask them if the letter is in VBMS. If it is, you can ask them to print it for you. I did that yesterday. My letter probably will not arrive in the mail until Friday or next week. I agree...I have not received the letter yet but based on the doctors opinion and the DBQ I can already come up with 2 possible ways to appeal which tells me they probably rushed it once they saw the doctor opinion. But will have to wait and see. I have done all this myself, no VSO so far. Thanks! Vync 1 Link to comment Share on other sites More sharing options...
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Foxhound6
Curiosity question: If denied for a direct service connection issue, can you appeal it to be reviewed as a secondary to a current condition instead (based on evidence/CP opinion) or does this require a whole new claim?
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Vync
Again, great advice from @broncovet. This is another example of the VA rushing to deny without evaluating all the potential avenues. If you filed through a VSO, you can call and ask them if
Foxhound6
I agree...I have not received the letter yet but based on the doctors opinion and the DBQ I can already come up with 2 possible ways to appeal which tells me they probably rushed it once they saw the
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