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Secondary condition rated higher than primary?

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Rivet62

Question

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 by Rivet62
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15 hours ago, Hamslice said:

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

Lol... that's cute.

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Heh, that is the jest.  We are all here to learn, helped, and be helped.  Got have some fun while doing it too, I classify it as part of the healing process.  As with everything, we just need to not cross that line, we owe the respect to each other, WE have all been there and done that, so we know.  That's what make us a community.  Again these are my personal views.  Suffice to say, or write that is, that we agree to disagree.  

Back to the subject matter, Hamslice, maybe, if you would we can start a post or rekindle a post on the very subject of connecting conditions to zero rated conditions.  Not sure if it has been done.  If not maybe, a social chat, I would be interested in that, I believe other folks would chime in.........Oh silly me what was this post originally about,  yup, ADD back again.  "Secondary conditions rated higher than primary"   Rivet62 my apologies for straying away from your original post.  I think this would be great information and interesting perspective in the grand scheme of things.

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2 hours ago, ArNG11 said:

...I classify it as part of the healing process...

Exactly. It is always great to get help and be able to share knowledge to help others.

After filing my initial claims and having them repeatedly denied before the BVA granted SC 5 years later, the mere recognition of that helped to begin the healing for me. However, until I found Hadit I didn't realize how easy it was for the VA to make mistakes. Redemption also is a factor when the VA concedes SC or grants additional %'s.

 

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7 minutes ago, Vync said:

Exactly. It is always great to get help and be able to share knowledge to help others.

After filing my initial claims and having them repeatedly denied before the BVA granted SC 5 years later, the mere recognition of that helped to begin the healing for me. However, until I found Hadit I didn't realize how easy it was for the VA to make mistakes. Redemption also is a factor when the VA concedes SC or grants additional %'s.

 

Hell yeah it is.  Sad that it takes so long, but time will change that I hope. I know..  Yes I know because good people, persistent folks, will "get er done". not sure if I quoted that right but you know what I mean.

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38 minutes ago, ArNG11 said:

Hell yeah it is.  Sad that it takes so long, but time will change that I hope. I know..  Yes I know because good people, persistent folks, will "get er done". not sure if I quoted that right but you know what I mean.

It has been said here many times before that the VA can be a stressor. Months or years of waiting for the VA to finally properly process claims or provide timely treatment can take a toll on us. I wonder if veterans are able to file 1151s or FTCAs because of it. They can't sleep right, blood pressure goes up, overeat, and spend their time worrying if the VA will finally get it right. It doesn't magically go away after receiving a claim grant.

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10 minutes ago, Vync said:

It has been said here many times before that the VA can be a stressor. Months or years of waiting for the VA to finally properly process claims or provide timely treatment can take a toll on us. I wonder if veterans are able to file 1151s or FTCAs because of it. They can't sleep right, blood pressure goes up, overeat, and spend their time worrying if the VA will finally get it right. It doesn't magically go away after receiving a claim grant.

Vync there is great merit in that statement, if only.  I think if that were the case the VA would crumble. Imagine filing a claim and your claim is the stress from filing your claim.  I don't know, kind of make me chucklebut at the same time made me wonder as well.   Ah ironic.  

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