VA Secondary Conditions
Many veterans receive VA disability benefits for illnesses or injuries they developed during their military service. However, many veterans also develop new conditions related to their primary disabling conditions but aren’t aware they could be eligible to receive higher monthly benefits with a secondary disability rating.
Secondary disability ratings take into account disabilities that were caused or exacerbated by a service-connected disability. If you have already received a VA disability rating for a condition connected to your military service and develop a new condition related to that disabling condition, you may be eligible for a secondary rating.
What Are Secondary Conditions?
A secondary condition is a disabling illness or injury that arises from a service-connected disability. The secondary condition does not necessarily have to be service-connected. It simply must result from or be related to your original service-connected disability.
For example, suppose you have received a VA disability rating for post-traumatic stress disorder, or PTSD. If you then develop chronic sleep apnea related to your PTSD symptoms, you might be able to claim sleep apnea as a secondary condition.
If you qualify for a secondary rating, the Department of Veterans Affairs will combine the old and new ratings into a higher one. This higher rating can result in significantly higher monthly disability payments. Filing a claim for a secondary disability rating can be crucial to making sure you get the disability compensation you deserve for all of your disabling conditions.
List of VA Secondary Conditions
There are myriad possible conditions that you could claim on an application for a secondary disability rating. Both mental and physical conditions are common bases for secondary rating claims. Often, a mental condition arises from a physical one, and vice versa. Additionally, some conditions are well known to go hand-in-hand with specific illnesses or injuries, such as connections between PTSD and gastroesophageal reflux disease or between tinnitus and sleep apnea.
Mental Health Conditions
Mental health conditions are often grounds for secondary ratings. Some mental health conditions, such as PTSD, may also be primary disabilities.
Common secondary mental health conditions include:
Physical Conditions
Physical conditions are what many people commonly think of first when they think of service-connected disabilities. The VA provides disability ratings for many physical conditions affecting virtually every body part.
Common secondary physical health conditions include the following:
- Hearing loss and tinnitus
- Traumatic brain injury, or TBI
- Nerve/neurological damage, including the following conditions:
- Irritable bowel syndrome, or IBS
- Myalgic encephalomyelitis or Chronic fatigue syndrome
- Skin conditions, including:
- Psoriasis
- Skin cancer, such as squamous cell carcinoma
- Musculoskeletal conditions, including:
- Back injuries and conditions, such as the following:
- Respiratory conditions, such as the following:
How To Apply for VA Secondary Conditions
To receive a benefits increase, you must apply for a secondary disability rating with the VA. This process begins with filing VA Form 21-526EZ, which can be done online, by mail, or at your local VA office.
You must provide evidence that you have been diagnosed with your secondary condition and establish that the condition is connected to your primary condition. This process is the most difficult part of the application for many veterans, and you will need to gather significant documentation to support your claim.
Proving a Connection to a Primary Rating
When applying for a secondary rating, it’s always best to submit as much information about your condition as possible. Putting together a successful application begins with obtaining your medical records and recent test results showing the diagnosis of the secondary condition. You’ll also need evidence establishing a connection between your secondary condition and your primary service-related one.
Common types of evidence used to prove the connection between your primary and secondary disabilities include:
- Nexus letter – The nexus letter is a letter written by a doctor attesting that your secondary condition is connected to your original disability and your original disability is connected to your military service.
- C&P exam – The compensation and pension exam, or C&P exam, is ordered by the VA and conducted by a VA doctor. The exam assesses your secondary condition and its connection to your primary disability. It also allows you the opportunity to answer any questions the VA may have about your records. While the C&P exam is not the only determiner of whether your claim will be approved, it’s one of the most critical parts of your application. Refusing to undergo a C&P exam is rarely in your best interest.
- Personal statements from friends, family, and colleagues – Also known as “buddy letters,” these statements from people who see you regularly and can attest to your levels of daily functioning can be a helpful component of a secondary rating claim. Personal statements can be submitted to the VA using VA Form 21-4138.
How Are Multiple Ratings Combined?
When awarding secondary disability ratings, the VA uses the Combined Ratings Table to calculate a new total rating that accounts for a veteran’s multiple disabilities.
The calculation process consists of these steps:
- Rank the individual ratings in order from highest to lowest.
- Find the highest rating in the table’s top row.
- Find the second-highest rating in the left-side column.
- Locate the number where the row and column intersect.
- Round that number to the nearest 10 percent.
For example, if you have one 50 percent disability rating and one 30 percent rating, you would find the intersection of those numbers at 65 percent. Because you’re rounding up to the nearest 10 percent, you would receive a 70 percent combined disability rating.
For veterans with more than two disability percentages, the steps continue:
- Find the intersecting number you just found on the left-hand column of the table.
- Find your lowest disability rating on the top row.
- Locate that new intersecting number and round to the nearest 10 percent.
The Combined Ratings Table is complicated, and calculating your total rating on your own can be difficult. The VA Disability Calculator on our website can help you quickly estimate your eligibility.
TDIU for Multiple Disabilities and the 70% Threshold
For veterans who don’t have a 100 percent disability rating but still can’t find substantially gainful employment due to their service-connected disabilities, the VA offers Total Disability Individual Unemployability benefits or TDIU. TDIU benefits are intended to help veterans who aren’t considered totally disabled but still can’t hold jobs as a result of their injury or illness.
To qualify for TDIU, you must meet one of the following criteria:
- You have one service-related disability rated at 60 percent or higher.
- You have multiple service-related disabilities with a combined rating of 70 percent, with one condition rated at least 40 percent disabling.
Thus, if you can meet the threshold, you may be eligible for benefits equal to what you’d receive with a 100 percent disability rating.
The Role of a VA Disability Lawyer for Secondary Condition Claims
Applying for a secondary condition disability rating on your own can be difficult. An experienced VA disability attorney can help you navigate the process and answer any questions about your condition. The lawyers at Veterans Guide can help you through your secondary rating claim from beginning to end.
Call (888) 982-1009 or contact us through our website today.
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