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Secondary Disability Question


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3 replies to this topic

#1 thom724

 
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Posted 17 July 2012 - 08:31 AM

Good morning all...I have a question about secondary disabilities. I am 34 years old, 70% combined and 10% SC for syncope. I had a episode last week where I passed out. The way I passed out I hurt my neck & back and have a Dr. appt for Friday. If my neck and back are hurt..can I claim this as a secondary disability to my syncope (passing out)? I've never claimed anything as a secondary and do not know how it works or even if it's worth my time battling for it. Thanks for all your help.

#2 Philip Rogers

 
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Posted 17 July 2012 - 10:22 AM

Good morning all...I have a question about secondary disabilities. I am 34 years old, 70% combined and 10% SC for syncope. I had a episode last week where I passed out. The way I passed out I hurt my neck & back and have a Dr. appt for Friday. If my neck and back are hurt..can I claim this as a secondary disability to my syncope (passing out)? I've never claimed anything as a secondary and do not know how it works or even if it's worth my time battling for it. Thanks for all your help.




Yes, you can, provided your fall/injuries were caused by your service-connected(SC) syncope.

pr

#3 thom724

 
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Posted 20 July 2012 - 05:10 PM

Ok, my Dr went over the X-rays with me and she said that my neck and back have degenerative disc issues that were not caused by me falling from passing out. But she said that falling caused my neck/back to cause issues with the nerves & tissue causing the pain. Do you still think I can connect my SC syncope with the fall injuries even though they did not cause the degenerative back/ neck issues but caused them to hurt? Thanks.

#4 free_spirit_etc

 
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Posted 21 July 2012 - 12:58 PM

http://www.va.gov/ve....4582.txt<br />
"38 C.F.R. § 3.310 (2008). Secondary service
connection is also permitted based on aggravation.
Compensation is payable for the degree of aggravation of a
non-service- connected disability caused by a service-
connected disability."

As to whether you can claim it - or if it worth the trouble would probably depend on if it is a one time occurrence, or if you continue to fall, or continue to have neck and back symptoms from your fall last week.

It would probably be to your benefit if your doctor notes in your medical records that you are experiencing pain from the fall (i.e. more pain than you had before the fall). And if the pain continues, or worsens - if she continues to connect it back to the fall.

The VA wouldn't so much grant secondary connection for pain - but if the falls actually aggravate the neck and back condition (and make them worse) - there would be a possibility of getting a secondary connection.

Edited by free_spirit_etc, 21 July 2012 - 01:18 PM.