Secondary condition rated higher than primary?

[Rivet62]

I have a situation that I am approaching that would have my future claim of a secondary condition rated higher than the primary condition. Is this typical?

I think I could have a claim for my Central Sleep Apnea because I require a BiPAP (a CPAP). VA rates this as 50%.

My disc degenerative disease in my cervical spine is the cause due to compressed nerves in the neck (I'm pretty sure).  I'm unsure of what the neck DDD would be rated for, 20% maybe for limited range of motion maybe. Upper extremity radiculopathy is well under way from compressed nerves in the neck.

I think I would like to file a claim for C-spine DDD together, with Central Sleep Apnea as a secondary at 50% while the primary might be rated as 20%.

Is this reasonable to do?  Are there instances where a secondary condition is rated higher than the primary?

.

Edited February 2, 2022 by Rivet62

[ArNG11]

3 minutes ago, Rivet62 said:

I certainly hope I didn't just do that with my primary care doctor (new doctor). She wants to get physical therapy done on my neck, but that's a no go zone.  I had to draw a diagram of sensations in my neck and back following an exam she did yesterday. I uploaded it to messaging. She had me pressing my head in different directions and noted pretty limited range of motion. The following day I had enough electrical sensations to power a house. I had to tell her.  I had to tell her that my previous doctor warned me about my neck,,, saying NO chiropractic, and physical therapy never even came up for my neck... I had to tell my new doctor that my old doctor warned me that I could end up in a wheel chair.

Did I bite the hand that feeds? I hope not. But I had to get it clear that I can't just jump into things without an updated spine specialist opinion.

Nah, not in the least,  if you can't have open communications with your doctor then what is the point,  you are there to work together using their expertise and your experience and outcomes to get the best treatment and best possible results for your conditions.  At least that is my view on it.

[Mr cue]

We all understand which site we are talk about.

An many of us on hadit have been ban from the site. Because we ? Things and give our point of view.

The think I like is that here on hadit most of the time we are debating law and it is a lot of law on this site

[Rivet62]

15 minutes ago, ArNG11 said:

compared to the others that I have heard are nothing more than a pissing contest just to degrade other posters, contributors, and make them feel inferior.  

Yep. I totally agree.

[Rivet62]

7 minutes ago, Mr cue said:

We all understand which site we are talk about.

An many of us on hadit have been ban from the site. Because we ? Things and give our point of view.

The think I like is that here on hadit most of the time we are debating law and it is a lot of law on this site

Well, I didn't have to come out and name it did I?  And the worst part is the time limited edit feature, so you can't just delete the whole thing.

What is tremendously useful to me here is the law part of it, and the processes of what people encounter, and that we're free enough to talk about our disabilities without getting hammered by someone that doesn't take time to read what you've said but has to chime in with 2 cents that mean nothing.

I don't find that here. It's a very healing and understanding place, and differences are just that. Differences, and things move on to what matters.

[Carl the Engineer]

Well, it gets dicey here once in a while, but I treat it as like teasing your brother (or sister), LOL.

Anyway, everyone's VA story is different even when the circumstances are identical.  So, you have to take what you can use to help your cause and share what worked for you and what didn't.

And yes secondaries can be higher then the primary condition.

I have two conditions rated 30 each secondary to a 0% rated service conected condition.  So, a zero got me two 30's.

Anything is possible with the VA,

Hamslice

You just can't count on it being the same as your brother's claim.

Edited February 2, 2022 by Hamslice
cause I can

[ArNG11]

39 minutes ago, Hamslice said:

Well, it gets dicey here once in a while, but I treat it as like teasing your brother (or sister), LOL.

Anyway, everyone's VA story is different even when the circumstances are identical.  So, you have to take what you can use to help your cause and share what worked for you and what didn't.

And yes secondaries can be higher then the primary condition.

I have two conditions rated 30 each secondary to a 0% rated service conected condition.  So, a zero got me two 30's.

Anything is possible with the VA,

Hamslice

You just can't count on it being the same as your brother's claim.

Well put Hamslice, I think IMO, the parents of this site would be proud. Cheers to them for all they do and have done. 

About the secondaries, well, what can I say or write, to Rivet 62, completely feasible, Hamslice so eloquently stated,

"And yes secondaries can be higher then the primary condition.

I have two conditions rated 30 each secondary to a 0% rated service conected condition.  So, a zero got me two 30's."

it just comes back to the formula.  Service medical records, contemporary medical records and an independent medical opinion to tie them together.  EVIDENCE is King. My only caveat, is that VA, will actually take the time to read the regulations and law, service connect the issue and rate it accordingly.  At times you just have to go a little higher to remind them.