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

[Rivet62]

36 minutes ago, ArNG11 said:

but at times it can be like pulling teeth from a sleeping lion

Yes, and while I think the doctors are alert to conditions they don't react outwardly. Instead, I see the results of their thinking in the diagnoses or doctors' notes.

Very rarely have a I asked for a VA doctor's statement specifically, but I have asked them to enter into the record what they are saying during a visit. Interferes with work, or cannot work. One time, during a series of doctor's notes for time off work the last letter he wrote is that I cannot return to work in the foreseeable future due to medical reasons.

The VA docs will say that their tests are not for the purpose of disability claims, for instance the audiology tests that VA has done. But it was those tests that the VBA used to determine a rating for service-connect on my hearing.  

I just know that it's easier to lead VA docs toward justifiable referrals, and that way create a path toward a diagnosis that can be used in a VA claim, than it is to ask the docs for a statement to support the claim.

[Rivet62]

52 minutes ago, ArNG11 said:

Rivet the big thing here is going to be to get a medical opinion that relates your neck injury to CSA

Pacman said the same.  It's too important a claim to leave it to the long winding pathways of initial impressions and hit or miss referrals.  I agree. An IMO, paid or not, is probably the strongest way to arrive at definitive conclusions. An IMO would cut to the chase, whereas the other way could take more time. An IMO early on would likely give me the "as likely as not" much faster than a diagnosis linking the two.

 

Edited February 2, 2022 by Rivet62

[ArNG11]

"

4 minutes ago, Rivet62 said:

Yes, and while I think the doctors are alert to conditions they don't react outwardly. Instead, I see the results of their thinking in the diagnoses or doctors' notes.

Very rarely have a I asked for a VA doctor's statement specifically, but I have asked them to enter into the record what they are saying during a visit. Interferes with work, or cannot work. One time, during a series of doctor's notes for time off work the last letter he wrote is that I cannot return to work in the foreseeable future due to medical reasons.

The VA docs will say that their tests are not for the purpose of disability claims, for instance the audiology tests that VA has done. But it was those tests that the VBA used to determine a rating for service-connect on my hearing.  

I just know that it's easier to lead VA docs toward justifiable referrals, and that way create a path toward a diagnosis that can be used in a VA claim, than it is to ask the docs for a statement to support the claim.

Yup you are absolutely correct.  Not really smart to bite the hand that feeds you, but things can be done to level the playing field,  I think that is a smart way to go about strengthening your claims, and taking care of your health at the same time.  You, the Veteran, has to be proactive, it is your health after all, and no one else is going to care more about your well being than yourself, it would be self defeating, if you didn't look out, don't you think?  These are just my opinions and two cents but I hope it make folks think.

[Rivet62]

11 minutes ago, ArNG11 said:

I hope it make folks think.

Exactly. That's why we're here, sharing our concerns, and what has occurred in our journeys. Every single one of us has something they've experienced in the process and collectively that helps the vets out there who are seeking clarity. I couldn't have done this earlier.  I actually lurked on Hadit and the other forums long before I ever felt I could contribute something. I have to say that it's very friendly here, and not the minefield of superiority contests I ran into at another forum. I choose to support this one financially because it's a sort of healing place. If I wanted to self-destruct I could do that for free and probably have more fun doing it on my own. That's why I don't support the minefield forums. I'll browse their forums, but I won't participate.

[Rivet62]

21 minutes ago, ArNG11 said:

Not really smart to bite the hand that feeds you, but things can be done to level the playing field

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.

[ArNG11]

I was just lucky and fortunate to find this outlet.  I hadn't had the experience of knowing or dealing with as many folks that are actually here to help 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.  Hope I worded that correctly, but I think you understand the point I'm trying to get across. This web site is good stuff, great people, and for an excellent cause.  Not trying to knock other forums or anything just stating my opinion.