What is a Secondary Condition | VetLaw
Medical complications from service-related injuries and illnesses can become secondary conditions, allowing veterans to seek additional VA disability benefits.
Summary
- Veterans with service-connected disabilities frequently develop secondary conditions, costing them in medical bills, as well as their ability to work and enjoy life.
- Proving that there is a connection between the primary disability and Secondary Condition requires compelling medical evidence and a VA disability claims attorney’s legal expertise.
- Examples of Secondary Conditions may include mental health issues like depression and PTSD, as well as physical conditions like sleep apnea, migraines, and heart problems.
Millions of veterans are living with life-altering illnesses and injuries acquired as a result of serving in the military. Over time, those health conditions can lead to other issues that considerably impact a veteran’s finances, quality of life, and overall health beyond the effects of the original injury.
Under these circumstances, a veteran may be eligible for benefits for a Secondary Condition. Establishing a connection between a service-related disability and an additional medical issue can be a challenge.
To ensure that you have the best chance of obtaining the benefits you deserve, you should involve an experienced, VA-accredited lawyer. They will help you collect evidence of your Secondary Condition and offer proof of a link to your original disability.
The veterans disability claim attorneys of VetLaw are familiar with the most effective and efficient approaches to filing a claim with the VA. We have proudly represented veterans for nearly a decade, and we are ready to do the same for you. Schedule a free consultation with us by calling (855) 434-2492 or completing an online contact form.
Veterans May Receive Benefits for a Secondary Condition Related to a Prior Disability
Most veterans are aware that to be eligible for disability benefits with the VA, they must show that the illness or injury they are basing their claim on resulted from their military service. The disability may also be a pre-existing condition that was aggravated by performing their duties.
Many veterans find that their service-connected disability entails other consequences in the form of another health problem, also known as a Secondary Condition. The VA defines a Secondary Condition as:
- A new health condition derived from a service-connected injury or illness, or
- A pre-existing condition that became notably worse due to a service-related injury or illness
For instance, let’s say you were exposed to toxic burn pits while serving overseas. Then, you developed a chronic and progressive condition known as Chronic Obstructive Pulmonary Disease (COPD).
Due to your COPD, you develop heart disease. Your cardiac issues would likely qualify as a Secondary Condition, as your military service created the circumstances for the COPD that caused your heart disease.
Common Examples of Secondary Conditions
A Secondary Condition can be a mental or physical health problem. The primary service-related disability can also be mental or physical in nature.
For example, veterans with cervical spinal cord injuries are prone to developing severe respiratory issues. Due to their SCI, the muscles that help them breathe are compromised. The respiratory problems would constitute a Secondary Condition.
Or, consider a case where a vet has PTSD after being sexually assaulted while deployed. If they develop an eating disorder, such as anorexia or bulimia, as a way to cope with their PTSD, it would likely meet the criteria of a Secondary Condition.
Some of the most common Secondary Conditions cited in VA disability claims include:
- Depression and anxiety
- Sleep apnea
- Migraines
- Cardiovascular issues
- Chronic pain
- Arthritis
- Sciatica and other nerve problems
- Insomnia
- Erectile Dysfunction
- Post-Traumatic Stress Disorder
- Gastroesophageal Reflux Disease (GERD)
Traumatic injuries or debilitating illnesses often produce additional issues requiring treatment. In some cases, the treatment for one of a veteran’s service-related conditions may also be detrimental to another health issue.
Coordinating care for multiple service-connected conditions and secondary complications is often time-consuming and stressful. Consequently, this can create further financial strain and stress for disabled veterans and their families.
How to Qualify for VA Disability Benefits for a Secondary Condition
For a Secondary Condition claim, you first need to have evidence of a service-connected disability. From there, you need to present medical evidence that your service-connected disability led to your Secondary Condition.
Or, you need to show that a health issue you had prior to entering the service got worse after you sustained your original service-related disability. Certain Secondary Conditions are considered presumptive conditions by the VA, which makes the disability benefits claims process a little smoother.
Essentially, the VA recognizes that service-connected disabilities have common complications. For example, developing arthritis after sustaining severe joint damage to your wrist.
In either case, you may still need to undergo a C&P exam to evaluate the existence and circumstances of your Secondary condition. Then, the VA will use the evidence you have offered and the results of the C&P exam to determine if they should adjust your disability rating.
Secure More Compensation With a Boost from Your Secondary Rating
If the VA increases your disability rating, you may become eligible for additional VA benefits, such as TDIU. Vets who are interested in pursuing a higher disability rating due to a Secondary Condition should involve a veterans disability claim attorney. A lawyer can help to ensure that your benefits and disability rating reflect your situation.
How the VA Rates Veteran Claims for Secondary Disabilities
The VA rating system for secondary conditions is the same as the process for determining rating percentages for primary service-connected disabilities. You submit medical evidence, including a diagnosis and a description of your symptoms, which the VA compares to the rating schedule for your condition.
Whichever percentage level your symptoms align with becomes your rating for that disability if the VA approves your claim. If the VA wants more information about how serious your secondary condition symptoms are, you may need to attend a Compensation and Pension exam to satisfy the VA.
Once the VA has assigned a rating to your secondary condition, the next step is to update your combined VA disability rating. This rating is an expression of the total amount of impairment you experience due to your primary and secondary service-related disabilities.
Updating Your Overall VA Rating to Include a Secondary Condition
To figure out your new combined VA disability rating that includes your secondary condition, you’ll need to use “VA math”. Unfortunately, you can’t just add your new rating for your secondary condition to your existing combined rating.
Under the VA percentage system for benefits, you have to input your ratings into the VA’s formula, which will produce your new overall combined rating. Basically, the way it works is the VA takes your highest-rated disability and then enhances it with each additional rating, starting with the next highest rating.
In effect, your rating increases incrementally with each disability you add. Even with multiple service-related conditions, the maximum disability rating you can have is 100%. Your veteran disability claims attorney can help you determine how your secondary condition VA rating will impact your combined rating.
The VA-Accredited Attorneys of VetLaw Are Ready to Help You Pursue a Secondary Condition Claim
Our team at VetLaw finds purpose in advocating for veterans to receive the disability benefits their service entitles them to. We are here to make your experience easier. Take advantage of our cultivated skill set, years’ worth of knowledge, and understanding of the VA’s system.
Whether you’re filing a veterans disability claim for the first time, submitting a Secondary service-connected claim, or trying to overturn a claim denied by the VA, VetLaw is the go-to legal team for dealing with the VA.
For more information about what we can do for you, reach out to us at (855) 434-2492 or use our online contact form to schedule a free consultation with our skilled team.
Frequently Asked Questions
Do I have to be receiving disability benefits from the VA before I can make a claim based on a Secondary Condition?
No. You can file a disability benefits claim with the VA for a Secondary Condition even if you haven’t made a prior claim for your service-connected disability. That being said, you will still have to show that you sustained a service-related injury or illness for any claim based on a Secondary Condition to be considered valid.
Can I file an appeal if the VA denies my disability benefits claim for my Secondary Condition?
Yes, you can appeal a VA decision denying your claim for benefits based on a Secondary Condition. By their nature, Secondary Conditions are further removed from the veteran’s military service. That may complicate your effort to secure benefits.
The best way to deal with a denied VA claim is to hire a veterans disability appeals lawyer to convince the VA that your Secondary Condition is a consequence of your service-related disability and that it is deserving of additional benefits.
Does the VA round disability ratings up or down?
The VA rounds veterans’ disability ratings up and down to assign combined ratings, depending If your disability rating percentage ends in a 1, 2, 3, or 4, the VA will round your percentage down to the nearest multiple of 10.
Therefore, a combined disability rating of 32% would become a 30% rating. Alternatively, if you have a VA disability rating that ends in a 5, 6, 7, 8, or 9, then the VA will round up to the closest multiple of 10.
Do I need a medical nexus letter for my Secondary Condition?
Although you don’t explicitly need a medical nexus letter to prove your Secondary Condition, it is a good idea to submit one. The more clear, reliable medical evidence you have connecting your Secondary Condition to your service-related disability, the stronger your case looks to the VA
That translates into better chances of you having your veterans disability benefits claim approved.
Do secondary conditions count toward the minimum rating requirement for TDIU benefits?
To fulfill the VA’s requirements for TDIU benefits, a veteran must have at least one disability with a 60% rating or higher. Alternatively, they can have a 70% combined rating for more than one disability, with at least one disability rated at 40% or higher.
Your secondary conditions are considered a part of your VA disability rating, so filing a claim for a secondary disability can help you qualify for special forms of compensation like TDIU benefits.
