Secondary Disability VA Rating

Want a higher VA disability rating?  Many veterans service-connected disabilities cause them additional physical problems.  Those veterans should often receive a higher disability rating from VA.

Unfortunately, many veterans overlook the ways that some of their conditions are service-connected.  You need to know the basics of this way to service-connect a disability so you won’t be one of those veterans who is not receiving the full benefits you deserve.

Man holding his back in pain What is a Secondary Disability?

Many veterans do not apply for benefits for secondary conditions because they do not realize they are eligible. They only think in terms of direct service-connection, which is when there is a nexus between a current disability and an in-service event, injury, or disease.  In other words, A causes B.

A secondary condition, also known as a secondary disability, is a disability that is the result of another service-connected condition. In this scenario, A causes B.  Then, B causes C, so C is service-connected.

If you develop a medical condition because of a service-connected condition, then the medical condition that you develop is probably service-connected as well. But, you have to file for it.

What are some of the ways a secondary condition can develop?

There are several common ways that secondary conditions develop. I have listed a few of them below:

Pill bottles with pills on the table

As a result of medical treatment for a service-connected condition

The treatment that is necessary for a medical condition can often cause another medical condition to develop.  One example is pain medication which could cause liver problems, kidney problems and stomach problems.

Another example is surgery.  Even if done carefully, surgery has risks and could cause other medical conditions to develop.

Other times, the progression of the disease leads to other complications that can become disabling as well.  A frequent example we see is Vietnam veterans who develop diabetes as a result of Agent Orange exposure.  As a result of their diabetes, they then develop peripheral neuropathy in their feet and legs.

Whether it is the result of medical treatment or a known complication of the underlying service-connected disability, it is important to remember you must file for benefits for the secondary condition if you want to receive VA disability compensation.

As a result of everyday life

Certain injuries and disabilities put additional stress on other parts of the body.  A serious injury to your right arm might cause you to overuse your left arm.  An ankle or knee injury may cause you to walk in such a way that you put stress on other parts of your body.  If a service-connected condition puts stress on another part of your body that causes another condition to develop, then that other condition should be a secondary condition

A doctor looking at x-ray results As a result of presumptions from VA

VA has some regulations that provide presumptions for the development of certain secondary conditions.  One example is traumatic brain injuries (TBIs).  Veterans with a service-connected traumatic brain injury that develop certain medical conditions (unprovoked seizures, symptoms of Parkinson’s disease, dementia, depression, and certain hormone deficiencies) may receive a presumption that these medical conditions are secondary to the traumatic brain injury.

Whether the presumption will apply depends on how severe the TBI was and the time between the TBI and the development of the secondary condition.  The benefit of the presumption is that the veteran does not have to demonstrate nexus between the service-connected condition and the secondary condition.

Aggravation of a preexisting condition can also count as a Secondary Disability

So far in this post, I have talked in terms of the underlying service connected condition causing the secondary disability.  However, you can still service-connect a secondary condition you already had.  You can do this if your your service-connected conditions aggravated or worsened that condition.

For example, a veteran with non-service-connected low back problems may also have a service-connected knee problem.  If that knee problem causes a limp that makes the back condition worse than it otherwise would have been, VA should service-connect the low back aggravation on a secondary basis.

Filing Is Easy, But Winning May Be Harder

VA Form 21-526b is a one page application for secondary service-connection.  While this should be simple to complete, the VA may not determine your condition to be service-connected on the initial application.  Many times, claims examiners are only looking for direct-service connection.  If that happens and you don’t have an event, injury, or disease in service that led to this disability, VA may deny your claim.

What VA examiners should do instead is look for a medical nexus between your other service-connected disabilities and the one for which you are now seeking benefits.  It may not always be obvious.

In fact, it may requires some specific opinions from medical professionals to succeed.  This is where a veterans disability attorney can help.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

I saw Travis on some YouTube videos. It was the way he worded things, I just felt compelled to contact them about my situation, he seemed trustworthy. Travis told me he thought he could help me. I was hesitant, but proceeded. The claim process was long, but my claim was granted. They are organized and punctual. Jessica and Travis are a strong team. I feel the Lord led me to Perkins & Studdard. I consider Travis an advocate and friend. ThanksCorby Reese
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Thank you Jason and Tina for everything you've done. Much appreciated. Great law firm! Great results!! Thank you!!! (Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook
I highly recommend Travis Studdard to represent anyone looking to help with VA claims. The VA is very difficult to deal with when attempting to get benefits from service connected injuries, at least that's my experience. Travis and his team knows the VA system and the legal procedures to help you get what you deserve. Travis was kind and passionate with me throughout this process and therefore, I highly recommend this law firm to represent DAV's.Terry Hembree
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Amazing staff, very informed along with excellent communication. Within just a few weeks of work, Mr Studdard was able to make things happen that normally take years! Highly recommendJacob Sylvester

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