Overlooked Disabilities That Could Increase Veterans' Rating: The VA Secondary Conditions

Compensations, such as veterans' disability payments, provide a monthly tax-free income for former service members with impairments resulting from injuries or illnesses incurred or aggravated during military service. And yet, VA disability payments are one of the most common entitlements veterans overlook, even if they are often one of the most essential to their well-being.

Certain misconceptions, such that only veterans who served in combat or suffered visible injuries, like lost limbs or muscle damage, are eligible for VA disability benefits, play an essential role in ignoring applying for these benefits. However, in reality, vets don't need to have seen combat or have a physical injury to qualify. According to the law, any veteran with an honorable discharge who developed a service-connected condition, such as an illness from asbestos exposure, may be entitled to compensation.

Qualifying conditions are generally referred to as service-connected disabilities. Besides the known branches of the military, eligible veteran categories include those in the National Guard or Reserve who are mobilized or activated for service. Due to the elevated risks of asbestos exposure, for veterans of the Navy, Army, and Air Force, navigating the VA disability claims process often focuses on primary service-connected disabilities, such as

• asbestosis
• pleural plaques
• mesothelioma

However, if one condition leads to another, former service members can and should file a secondary claim to increase their overall rating. It's essential to note that the VA doesn't automatically connect these conditions; veterans must actively claim them. This is why understanding how secondary conditions work and proving their connection to the service-connected disability can be crucial in maximizing veterans ' existing VA compensation.

Asbestos Service-Connected Conditions

The VA considered certain diseases potentially service-connected if a veteran was exposed to asbestos during military service. However, unlike other toxic exposures such as Agent Orange or Camp Lejeune water contamination, the VA does not maintain a formal "presumptive list" for asbestos-related diseases.

These conditions are also referred to as primary conditions, as they stem directly from a toxic contaminant, such as asbestos. Said diseases are often accepted if the exposure history is strong and the medical evidence is clear. Veterans diagnosed with asbestos-related conditions may file for primary service connection for diseases such as:

• asbestosis
• mesothelioma
• lung cancer
• pleural plaques
• pleural thickening
• pulmonary fibrosis
• chronic bronchitis
• rounded atelectasis
• pleural effusion
• recurrent pneumonia
• COPD
• emphysema
• bronchial cancer
• laryngeal cancer
• pharyngeal cancer
• esophageal cancer
• gastrointestinal cancer
• colorectal cancer
• urogenital cancer
• lung nodules and spots

What Are Secondary Conditions?

A secondary service-connected disability is a medical condition that arises as a result of another illness that the VA has already recognized as service-connected. These diseases may develop over time due to the effects of the primary disability or the medications used to treat it. The VA assigns separate ratings for each service-connected condition. If rated properly, a secondary condition can increase veterans' combined disability rating, bringing it closer to 100% VA compensation.

While the VA does not publish an official list of conditions that can be claimed as secondary to asbestos-related illnesses, vets can still file for secondary service connection if their illness is caused or aggravated by a primary service-connected asbestos disease. The following illnesses can be claimed as secondary medical conditions:

• Sleep apnea - lung damage (asbestosis, COPD, pleural thickening) and reduced oxygen flow during sleep contribute to the development of sleep apnea.
• Right-sided heart failure (Cor Pulmonale) - low oxygen levels over an extended period from asbestos-related lung disease cause heart strain.
• Hypertension (High Blood Pressure)? - reduced lung function may induce heart strain, which can exacerbate hypertension.
• Tachycardia or arrhythmia - is often secondary to low oxygen saturation from asbestosis, pleural effusion, or mesothelioma.
• Depression - living with a progressive or terminal illness often leads to mood disorders.
• Anxiety or panic disorders - may be caused by chronic breathlessness or terminal diagnoses linked to asbestos exposure.
• Insomnia - is often secondary to anxiety, breathing issues, or chronic pain caused by an asbestos disease.
• GERD (Gastroesophageal Reflux Disease) - can develop due to medications used for pain or inflammation from an asbestos disease, or worsened by chronic cough and intra-abdominal pressure.
• Fatigue and deconditioning - oxygen deprivation from reduced lung capacity causes chronic fatigue and muscle weakness.
• Weight loss or cachexia - in advanced stages of asbestos cancers, unintentional weight loss can be significant. It's essential to note that weight loss can be rated separately as part of the overall disability assessment. It could also fall under entitlement to a higher rating under existing diagnostic codes for cancer or residuals.

How Veterans Can Maximize Their Disability Rating

As a first step, you should start by reviewing your primary service-connected disabilities and considering how they may have contributed to additional health issues. To achieve a correct assessment, you can:

• Keep track of new symptoms or diagnoses that have developed since your initial VA rating.
• Consult with healthcare providers to identify potential connections between conditions and their associated symptoms.

The success of your claim is determined by providing strong evidence to support the connection between your primary and secondary conditions. Required proof for a solid case:

• A diagnosis of the secondary condition - medical records must confirm its presence.
• A nexus letter from a doctor - a medical expert must state that " it is at least as likely as not" that the primary service-connected disability caused the secondary condition.
• Medical evidence & treatment records - any documentation showing how the primary condition contributed to or worsened the secondary condition.

Veterans can submit a new claim for their secondary condition using VA Form 21-526EZ or file a supplemental claim if they're adding to an existing disability rating. After submitting the claim, the VA will likely plan a Compensation and Pension (C&P) exam to evaluate the severity of your secondary condition. Words to live by:

• Be open, honest, and thorough when describing your symptoms and their impact on your life.
• Describe with specific examples how your condition affects your daily activities and work.

Receiving well-deserved compensation is not automatic: veterans should regularly review their health conditions to determine whether they qualify for additional compensation due to secondary conditions. If you experience new symptoms or worsening health issues related to a service-connected disability, it may be time to file a claim.

We Offer Help for Veterans in Filing Their Claims

Filing VA claims can be stressful, especially when you don't quite understand the forms, procedures, and deadlines. Moreover, other complex legal issues can also lead to the denial of your benefits claim. A reliable and practical approach to compensation applications is to seek the assistance of a lawyer. This way, you'll maximize your chances of qualifying and securing approval. We can help by connecting you with asbestos lawyers who have extensive experience in claims procedures and are ready to take on your case.