Secondary Service Connection

For many Veterans, secondary conditions develop as a result of an already service-connected disability. In this blog post, we’ll explain what secondary service connection means, how to properly file and support your case, and what steps to take if your claim is overlooked.

What Is Secondary Service Connection?

A secondary service connection refers to a disability or condition that is caused or aggravated by an existing service-connected condition. This is different from direct service connection, where the disability is directly linked to your military service.

Example: If you have a service-connected knee injury that causes you to walk with an altered gait, and you later develop hip or lower back problems as a result, those new conditions may qualify as secondary service-connected disabilities.

Understanding this distinction is important because the VA must evaluate secondary conditions with the same consideration as any other condition, but they don’t always do so.

How to Properly File a Secondary Service Connection Claim

When filing for a secondary condition, whether as part of a new claim or a Supplemental Claim, you’ll need to provide:

• Clear Identification of the Secondary Condition: Be specific about what the condition is and how it relates to your existing disability.
• Supporting Evidence: This includes medical records, doctor’s notes, and statements that explicitly connect the secondary condition to your service-connected disability.

The Importance of Medical Evidence

The most effective evidence in secondary service connection claims typically includes:

• Medical Nexus Letters: A statement from a qualified healthcare provider explaining how your secondary condition is “at least as likely as not” caused or aggravated by a service-connected disability.
• Specialist Evaluations: Reports from specialists (e.g., neurologists, orthopedic doctors, psychologists) that provide detailed analysis and opinions.
• Consistent Medical Records: Documentation over time that shows the development or worsening of the secondary condition in relation to your primary disability.

Building Your Case Around Your Primary Disability

Your existing service-connected disability is the foundation of your secondary claim. Use the following strategies:

• Reference your original rating decision and any relevant medical findings.
• Show how the symptoms of your primary disability logically lead to or aggravate the secondary condition.
• If your condition worsened due to treatment side effects (e.g., medication), include that information as well.

Common Challenges Veterans Face—and How to Overcome Them

Some common hurdles include:

• Lack of Medical Evidence: Combat this by seeking a detailed medical opinion from a qualified provider.
• VA Misunderstanding or Misclassification: Be precise in your claim language and provide clear, credible evidence.
• Delays or Denials Without Explanation: File a Higher-Level Review or Supplemental Claim, and consider working with a VA-accredited representative to strengthen your appeal.

What to Do If the VA Overlooks Your Secondary Condition

If the VA fails to consider a secondary condition, don’t assume it’s the end of the road. Here are two appeal options:

1. File a Supplemental Claim: Use VA Form 20-0995 to file a Supplemental Claim, specifically identifying the overlooked secondary condition. You must submit additional documentation that the VA didn’t previously consider, such as medical records or expert opinions linking the secondary condition to your primary service-connected disability.
2. File an HLR: If you believe the VA made an obvious error in overlooking your secondary condition, you can request a Higher-Level Review using VA Form 20-0996. This option allows a more experienced VA reviewer to reexamine your claim without the need for new evidence. It’s ideal when you think the evidence already in your file supports service connection for the secondary condition but was misinterpreted or ignored. You can also request an optional informal conference to explain why you believe the VA made a mistake.

Final Thoughts

The VA is required to evaluate all conditions that may be connected to your service, including secondary ones. If your secondary condition has been overlooked, don’t give up. With the right evidence and a strong understanding of the process, you can assert your right to the full benefits you’ve earned.

If you need assistance appealing a denied or incomplete VA claim, our experienced team is here to help guide you through the process and fight for the benefits you deserve. Contact Stevens & Sullivan today at 404-467-9017 for a free consultation!