Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Changing type of claim for an appeal?

Rate this question


Foxhound6

Question

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 by Foxhound6
Link to comment
Share on other sites

4 answers to this question

Recommended Posts

  • 0
  • Moderator

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 by broncovet
Link to comment
Share on other sites

  • 0
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

  • 0
  • Content Curator/HadIt.com Elder

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.

Link to comment
Share on other sites

  • 0
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!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use