At Tabak Law, we understand that each case involves a real person facing difficult circumstances. For our veterans, these circumstances often involve struggling to obtain the full range of benefits they deserve. Our goal is to help them transition from hardship to hope by delivering results with compassion, integrity and legal expertise. A critical part of achieving this is ensuring that the VA recognises the full extent of the veteran’s disabilities, including any secondary conditions.
What is a Secondary Service-Connected Condition?
A secondary service-connected condition is a disability that is caused or worsened by an existing service-connected condition. The Veterans Affairs (VA) recognizes that one health issue can often lead to another. For instance, a veteran who has a service-connected knee injury may walk with a noticeable limp for years, which can lead to severe arthritis or a disabling back condition. In this case, the back condition would be considered a secondary condition.
The key is the medical nexus – the proven medical link – between your primary service-connected disability and a new secondary condition. If you successfully claim a secondary condition, it can significantly increase your VA disability rating and, as a result, your monthly compensation.
Common Examples of Secondary Conditions
Veterans are often unaware of the fact that they may be eligible for compensation for these related health conditions. Here are some common examples:
- Mental Health: A service-related physical disability that causes chronic pain and limited mobility can lead to depression or anxiety.
- Arthritis: A veteran with a service-related meniscus tear may develop arthritis in the same knee over time.
- Migraines: A service-connected traumatic brain injury (TBI) or neck injury often causes chronic migraine headaches.
- Gastrointestinal Issues: The long-term use of powerful non-steroidal anti-inflammatory drugs (NSAIDs) like ibuprofen or naproxen for a service-connected back condition can lead to gastritis or ulcers.
- Foot, Ankle, Hip or Back Problems: A service-connected knee or ankle injury that changes your gait can put undue stress on other joints, causing new painful conditions.
How the VA Rates Secondary Conditions
The process for rating a secondary condition is guided by the Code of Federal Regulations (CFR), in particular 38 CFR § 3.310. This regulation states that “a disability which is proximately due to or the result of a service-connected disease or injury shall be service connected.”
When you file a claim for a secondary disability, the VA will assign a disability rating based on the severity of the condition. The rating uses the criteria outlined in the VA’s Schedule for Rating Disabilities, just like it would for a primary disability. Your overall disability rating is then calculated using the VA’s combined ratings table. This can result in a higher level of compensation.
The Importance of a Strong Medical Nexus
The entire claim for a secondary condition depends on one crucial element: a medical opinion that establishes a causal relationship. This is known as a “nexus letter.” A nexus letter is a formal document from a qualified medical professional that explains, in their medical opinion, how the secondary condition is “at least as likely as not” caused or aggravated by the primary service-connected disability.
The VA often denies secondary claims due to a lack of this specific medical evidence. This is where experienced legal guidance can be invaluable.
Speak With A Veteran’s Benefits Attorney Today
If you believe you may have a secondary condition related to your service-connected disability, please do not navigate this complex process on your own. For a free consultation, please contact our team by calling (414) 240-4322 or contacting us online. Please note that our services are provided free of charge, unless we are successful in helping you obtain the benefits you are entitled to.