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?

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Edited February 2, 2022 by Rivet62

[john999]

I got rated 20% for DMII and 80% for secondary conditions.  DMII has so many potential secondary conditions as OSA.

[Berta]

You guys make me remember I have my own VA issues that I have put off working on.

The malpractice on my husband was so extensive that ,when they awarded AO DMII Direct SC seath from Vietnam, they never rated the DMII.

I didnt care at the time because the benefits I recived were far greater than what my original 1151 DIC was for.

His posthumous AO IHD award stod onits own, but the DMII could have caused the IHD as well.

His 100% P & T stroke is still under 1151 but I am going to change that.

And eventually I expect to succeed on my AO HBP claim- which appears to have been lost-but my live is so busy- and with the added problem of snow,almost dailym to deal with, I have neglected my own issues.

I will be taking time off from hadit soon-to deal with my VA issues.

My point is I used the original 1997 VA Training Letter on Diabetes to win  the DMII death claim.

The training letter had a slew of disabilities DMII can cause, some obvious- heart disease, TIAs, strokes, even oral candidiasis, *eye disease and visual disturbances, sores that dont heal, Peripheral neuropathy , Peripheral vascular disease , Renal ( Kidney) disease, OSA and more.

My husband had all of this list except for OSA,sores not healing and no kidney problems. Dr Bash diagnosed the PN and PAD due to the diabetes  but I never claimed it.

The newer VA Diabetes Training letter is not as intricate as the older one was, and the older one was part of my evidence.

However with the internet so far advanced since 1997 anyone can find good medical texts and abstracts as to  how what DMII can do to anyone, and it can be a contributing cause of their death.

* oral candidiasis-

I proved that my husband had DMII and was never diagnosed or treated or it, and it contributed to his death.

I went over every single medication  the VA had him on ( very few)and even went over his VA dental records, and his other VA med recs many many times.The MRI results were 3 pages of handritten results-that took me a long time to decifer. Something the doctor said to me was verified by those MRI notes and that also helped prove my case.

He was taking Swish and Swallow by then for two years ,from the VAMC,  and we thought is was because he almost died of thirst at the local VAMC,because for 3 weeks he could not swallow anything.His med recs revealed he even complained to a nurse and a chaplain " I am dying of thirst".This was a few days before I raised hell and they , gave him a CT scan and immediately transferred him to another VAMC.

I learned that Swish and Swallow treats oral candidiasis. In his dental records his teeth were always in very good shape but I found an entry of 'white patches' inside jaw areas, by the dentist.

I researched what the white patches were from-from  uncontrolled diabetes!

They are medically called oral candidiasis.

My point is- diabetes itself doesn't kill anybody- many of it's secondary disabilities do cause/contribute to death.

And they should all be claimed and rated by the VA.

I am finally  giving myself this advice as well as to anyone else it affects.

 

 

 

 

 

 

 

[Rivet62]

On 2/4/2022 at 6:00 AM, Berta said:

His med recs revealed he even complained to a nurse and a chaplain " I am dying of thirst".This was a few days before I raised hell

Oh the dear man.  What a good wife you've been.