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New claim, secondary claim, or worsening condition

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Jayco

Question

Service connected for ischemic heart disease back in 2012.  Since then I've had a heart attack and a pace maker implanted due to a hypersensitive carotid artery.  Due to these two subsequent events I have filed a claim asking for a ratings review on my heart condition.  That was what I originally planned to do.

I received a message asking if I want to file a new claim or secondary claim or worsening condition review on the two above health events.  As I stated I had planned to file for a worsening condition review.  Never thought about filing a new or secondary claim.  From a layman's view point I cannot see how either event could be considered secondary to ischemic heart disease.  Too me it is part of the disease and not secondary to it.  But then I am not a doctor.  Also do not see why I would file a new separate claim for either event.

I am concerned I may pick the wrong category which could cause me problems.  Should I file using worsening condition as I originally planned?  The carotid artery condition while related to the heart is different in nature to ischemic heart disease.  One deals with blocked arteries.  The other deals with the sensitivity of the carotid artery.  The carotid artery may require a new claim.

Your opinions would be greatly appreciated.

Thanks. 

 

 

 

 

 

 

 

 

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  • HadIt.com Elder

This is medically technical and you need medical advice, at least that's what I would do. It is in the details and what the medical evidence shows.At least bounce it off a good law group. But that  said, you definitely should research secondaries as well ex. Mental Health, scars, etc.

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  • Content Curator/HadIt.com Elder

@Jaycoas a fellow vet who filed for "heart condition", I was granted a single 100% rating for myocardial infarction for three months following the event plus SMC-S Housebound for the duration because I could no longer work. After three months, the VA re-evaluated it based on follow up examination.

In your case, filing for worsening would be treated the same way as filing for an increase. If granted, the VA is supposed to go back over records from the preceding 12 months to assign an effective date.

It might not hurt to attempt to file for the artery as secondary, but keep in mind that the VA would have to weigh the pyramiding factor. Although it might be possible for the VA to assign a rating for the artery, pyramiding may result in a single rating which would be the higher of the two because it is on the same organ. Might be worth trying just in case the artery worsens...

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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