Strengthening a Claim for Secondary Condition Benefits

Many of our clients submit VA disability benefit claims for secondary service-connected disabilities. It is critical not to overlook these claims. Under federal regulations, a service member may seek compensation if their service-connected disability ends up causing a secondary condition or makes one worse. Contact Empowerment Legal so we can review all your medical conditions and determine which ones are eligible for VA benefits.

Defining Secondary Service-Connective Disabilities

Someone who is physically injured while serving has suffered a service-connected injury. We usually call this the “primary” injury. However, this injury could end up causing a secondary disability or making one worse.

For example, someone who suffers a permanent knee injury could end up changing how they walk, which ends up causing back problems. The knee injury is the primary, service-related injury, and the back problems due to a changed gait is the secondary condition.

Other examples include:

• Service-connected post-traumatic stress disorder (PTSD) leads to hypertension or depression.
• Medication to treat a service-connected injury causes psychological or gastrointestinal problems.
• Service-connected paralysis ends up causing low circulation and amputation of a limb.

Because the secondary condition is caused by the primary injury, this secondary condition will qualify as “service connected” under federal guidelines.

How to Obtain Compensation

You can receive benefits for the secondary condition so long as it is linked to your primary, service-connected disability. The secondary condition may even develop after you have left military service. It is the medical (causal) link which is key.

Empowerment Legal can help with developing this claim. Typically, you will need medical evidence which connects the secondary condition to your primary service-connected disability. A doctor can help provide the necessary medical records, as well as providing a medical opinion.

Developing the evidence is crucial if you hope to receive benefits. The VA might claim your secondary condition simply developed on its own. For example, you might have permanently injured your shoulder on duty. But then you develop cancer in your colon a year later. There is no connection between the two.

A strong nexus opinion should lay out the medical reasons to conclude your secondary condition is caused by the service-connected injury. This link often requires substantial medical evidence.

You might also need to prove aggravation. You could have a condition which was worsened by your primary service-connected disability. For example, service-connected diabetes can end up worsening a kidney condition. Or PTSD can end up making depression even worse. This type of aggravation can also qualify for benefits.

Sometimes, a secondary claim arises because of treatment you receive for your original disability. As an example, pain medication could lead to gastrointestinal problems, or steroidal injections can lead to weakened bones. These conditions caused by treatment can also meet the definition of secondary conditions.

Building Claims the Right Way

Many veterans are unaware that they can bring secondary claims. Failure to do so can result in forfeiting a considerable amount of money. At Empowerment Legal, we always consider whether our clients can make a claim for secondary injury. Call our office to speak with a Jacksonville other claim development lawyer to go over your medical history.

Source:

ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.310