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Appendix B: Medical Evidence Development
Appendix B: Medical Evidence Development
Working with Healthcare Providers
Developing strong medical evidence is critical for successful secondary service connection claims. This appendix provides comprehensive guidance on working effectively with healthcare providers to obtain the documentation you need.
Finding the Right Provider
Not all healthcare providers are equally effective for VA disability claims. Consider these factors when selecting providers to support your secondary claims:
Provider Type | Advantages | Considerations | Best For |
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VA Providers |
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Private Specialists |
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Independent Medical Examiners |
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Primary Care Providers |
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Provider Selection Strategy
For most secondary claims, a combination of providers yields the strongest evidence:
- VA providers for ongoing treatment and documentation of both primary and secondary conditions
- Private specialists for diagnostic confirmation and nexus opinions
- Primary care providers for documentation of how conditions interact and affect overall health
- Independent medical examiners for complex cases or appeals after denial
This multi-provider approach creates a comprehensive medical record that addresses all aspects of your secondary claim.
Preparing for Medical Appointments
Effective preparation before medical appointments can significantly improve the quality of evidence you obtain:
Before the Appointment
- Research and preparation:
- Research the medical relationship between your conditions
- Prepare a written timeline of symptoms and progression
- Gather relevant medical records to bring
- List all medications and treatments for both conditions
- Prepare specific questions about the connection between conditions
- Provider education:
- Call ahead to explain the purpose of your visit
- Ask if the provider has experience with VA disability claims
- Request extra time for the appointment if possible
- Consider sending information about VA requirements in advance
- Explain that you’ll need a written opinion
- Documentation preparation:
- Create a one-page summary of your case for the provider
- Include your service-connected conditions and ratings
- Highlight relevant medical literature supporting the connection
- Prepare a draft opinion letter for the provider to review and modify
- Bring VA requirements for medical opinions
During the Appointment
- Communication strategies:
- Clearly explain the purpose of your visit at the outset
- Focus on the relationship between your conditions
- Describe how your primary condition affects the secondary condition
- Be specific about symptom progression and timing
- Ask direct questions about causation or aggravation
- Documentation requests:
- Request that the connection between conditions be documented in your medical record
- Ask for specific diagnostic testing that could support the connection
- Request a written opinion letter addressing the secondary relationship
- Ask the provider to use the “at least as likely as not” standard
- Request that the provider address both causation and aggravation
- Addressing provider concerns:
- If the provider seems hesitant, ask about specific concerns
- Provide medical literature supporting the connection
- Clarify that you’re seeking an honest medical opinion
- Explain that the standard is “at least as likely as not” (50% or greater)
- Offer to pay for the provider’s time to prepare documentation
Sample Provider Conversation
Veteran: “Dr. Johnson, I’m here today not just for treatment but also because I need your help with my VA disability claim. I’m service-connected for diabetes, and I believe the peripheral neuropathy you’ve diagnosed is secondary to my diabetes. Could we discuss this relationship?”
Provider: “Yes, we can discuss that. Peripheral neuropathy is certainly a common complication of diabetes.”
Veteran: “That’s helpful to know. For my VA claim, I need to show that it’s ‘at least as likely as not’ that my diabetes caused or aggravated my neuropathy. Based on your experience and my case, would you say that standard is met?”
Provider: “In your case, given the pattern of symptoms and their progression after your diabetes diagnosis, I would say it’s more likely than not that your diabetes has caused your peripheral neuropathy.”
Veteran: “Thank you. Would you be willing to document that opinion in my medical record today and possibly provide a brief letter stating this connection for my VA claim? I’ve brought a draft letter that covers the points VA needs addressed, which you can modify as you see fit.”
Provider: “I can certainly document this in your medical record today. Let me see the letter you’ve drafted. I may need to make some modifications based on my professional assessment, but I’d be willing to provide something along these lines.”
Veteran: “I appreciate that. The VA specifically needs you to address whether my diabetes caused or permanently aggravated my neuropathy, and to explain the medical reasoning. Would you be comfortable providing that explanation?”
Provider: “Yes, I can explain the mechanism by which diabetes affects the peripheral nerves and relate that to your specific symptoms and test results. I’ll note that in your record and include it in the letter.”
Veteran: “Thank you. Is there any additional testing you’d recommend that might further document this connection for my claim?”
Provider: “An EMG/NCS test would provide objective evidence of the neuropathy and its pattern, which could help confirm it’s consistent with diabetic neuropathy. Let’s order that test.”
Veteran: “That sounds helpful. One last question – would you be willing to review these medical journal articles I’ve brought that discuss the relationship between diabetes and neuropathy? They might be useful references for your letter.”
Provider: “I can take a look at them, though I’m familiar with the research in this area. I’ll reference relevant medical principles in my assessment.”
Obtaining Effective Medical Opinions
A well-crafted medical opinion can be the difference between approval and denial of a secondary claim. This section provides guidance on obtaining and developing effective medical opinions.
Elements of an Effective Medical Opinion
A strong medical opinion for a secondary service connection claim should include these key elements:
- Provider qualifications:
- Provider’s name, title, and credentials
- Specialization relevant to the conditions
- Years of experience
- Relationship to the veteran (treating physician, specialist, etc.)
- Relevant expertise or publications
- Records reviewed:
- List of medical records reviewed
- Relevant service records considered
- Prior VA decisions or examinations reviewed
- Diagnostic test results evaluated
- Medical literature considered
- Clear diagnosis:
- Specific diagnosis of the secondary condition
- Diagnostic criteria used
- Objective findings supporting the diagnosis
- Severity and progression of the condition
- Current treatment
- Definitive opinion language:
- Clear statement using “at least as likely as not” standard
- Specific reference to the service-connected condition
- Addressing both causation and aggravation
- Avoiding speculative language like “might” or “could”
- Addressing the specific relationship between conditions
- Medical rationale:
- Explanation of the medical mechanism connecting the conditions
- Reference to relevant medical literature
- Application of medical principles to the specific case
- Discussion of timeline and progression
- Addressing potential VA counterarguments
- Explanation of why non-service factors are less significant
Language Matters: Phrasing for Medical Opinions
The specific language used in medical opinions can significantly impact how VA evaluates them:
Effective Phrasing | Ineffective Phrasing |
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“It is at least as likely as not (50% or greater probability) that the veteran’s peripheral neuropathy is caused by his service-connected diabetes mellitus.” | “The veteran’s peripheral neuropathy could be related to his diabetes.” |
“The veteran’s service-connected PTSD has permanently aggravated his hypertension beyond its natural progression.” | “The veteran’s PTSD might be contributing to his hypertension.” |
“Based on medical literature and my clinical experience, the altered gait from the veteran’s service-connected knee condition has directly contributed to the development of his lumbar degenerative disc disease.” | “There may be a connection between the veteran’s knee problems and his back pain.” |
“While the veteran has other risk factors for heart disease, it is my professional opinion that his service-connected diabetes is at least as likely as not the primary contributing factor to his coronary artery disease.” | “The veteran’s heart disease is multifactorial, with diabetes being one of several possible causes.” |
“The medical mechanism by which the veteran’s service-connected condition causes his secondary condition is…” | “These conditions are often seen together in patients.” |
Encourage your providers to use definitive language that clearly addresses the VA’s standard of proof.
Sample Medical Opinion Letter
MEDICAL OPINION REGARDING SECONDARY SERVICE CONNECTION
June 15, 2023
RE: John Veteran (VA File #: 123456789)
Provider Information:
Sarah Johnson, M.D.
Board Certified Neurologist
Neurology Associates Medical Group
123 Medical Center Drive
Anytown, USA 12345
Medical License #: MD12345
Qualifications:
I am a board-certified neurologist with 15 years of experience specializing in peripheral nerve disorders. I have been Mr. Veteran’s treating neurologist for the past three years. I have published research on diabetic neuropathy and regularly treat patients with this condition.
Records Reviewed:
- Mr. Veteran’s complete medical records from my practice (2020-2023)
- VA Medical Center records provided by Mr. Veteran (2018-2023)
- EMG/NCS test results dated February 12, 2023
- Laboratory results documenting diabetes control (2018-2023)
- VA Rating Decision dated January 10, 2019, establishing service connection for diabetes mellitus
- Current medical literature regarding diabetic neuropathy
Diagnosis:
Mr. Veteran has been diagnosed with peripheral polyneuropathy affecting both lower extremities. This diagnosis is confirmed by clinical examination findings including decreased sensation to light touch and pinprick in a stocking distribution, absent ankle reflexes bilaterally, and positive Tinel’s sign at both ankles. EMG/NCS testing performed on February 12, 2023, confirms axonal sensorimotor polyneuropathy with predominant sensory involvement, consistent with diabetic neuropathy.
Opinion:
It is my professional medical opinion that it is at least as likely as not (50% or greater probability) that Mr. Veteran’s peripheral polyneuropathy is caused by his service-connected diabetes mellitus type 2. Additionally, even if other factors contributed to the initial development of mild neuropathy, it is at least as likely as not that his diabetes has permanently aggravated his peripheral neuropathy beyond its natural progression.
Rationale:
The medical relationship between diabetes mellitus and peripheral neuropathy is well-established in medical literature. Chronic hyperglycemia leads to metabolic and microvascular changes that damage peripheral nerves through several mechanisms:
- Increased polyol pathway flux, leading to accumulation of sorbitol and fructose in nerves, causing osmotic stress and decreased nerve myoinositol
- Formation of advanced glycation end products (AGEs), which damage nerve proteins
- Oxidative stress from increased free radical production
- Microvascular insufficiency reducing oxygen supply to nerves
- Impaired nerve regeneration and axonal transport
In Mr. Veteran’s specific case, several factors support the causal relationship between his diabetes and peripheral neuropathy:
- Temporal relationship: His neuropathic symptoms began approximately 3 years after his diabetes diagnosis, consistent with the typical progression of diabetic neuropathy
- Pattern of involvement: The symmetrical, distal, predominantly sensory pattern of his neuropathy is classic for diabetic polyneuropathy
- Correlation with glycemic control: His records show periods of poor glycemic control (HbA1c >8.5%) preceding worsening of neuropathic symptoms
- Electrophysiologic findings: His EMG/NCS results show axonal sensorimotor polyneuropathy with predominant sensory involvement, which is the most common pattern in diabetic neuropathy
- Exclusion of other causes: Evaluation for other common causes of polyneuropathy (including B12 deficiency, thyroid dysfunction, paraproteinemia, and toxic exposures) has been negative
Alternative Causes:
I have considered other potential causes of peripheral neuropathy in Mr. Veteran’s case:
- Age-related changes: At 62, Mr. Veteran could have some age-related neurological changes, but the severity and pattern of his neuropathy exceed what would be expected from age alone
- Alcohol use: Mr. Veteran reports moderate alcohol consumption (1-2 drinks weekly), which is well below the threshold typically associated with alcoholic neuropathy
- Nutritional factors: Laboratory testing shows normal levels of vitamin B12, folate, and other nutritional parameters
- Prior toxic exposures: While Mr. Veteran reports some chemical exposures during service, the onset of his neuropathy decades later and its clear correlation with his diabetes make diabetes the more likely primary cause
While these factors may contribute to some degree, the preponderance of medical evidence in this case supports diabetes as the primary cause of Mr. Veteran’s peripheral neuropathy. Even if other factors contributed initially, his diabetes has at minimum permanently aggravated his neuropathy beyond its natural progression.
Conclusion:
Based on my examination of Mr. Veteran, review of his medical records, and application of established medical principles, it is my professional opinion that it is at least as likely as not that his peripheral polyneuropathy is caused by his service-connected diabetes mellitus. The pattern, progression, and characteristics of his neuropathy are consistent with diabetic etiology, and other potential causes have been appropriately considered and are less likely to be the primary factors in his condition.
I am available to provide further information or clarification if needed.
Sincerely,
Sarah Johnson, M.D.
Board Certified Neurologist
Strategies for Reluctant Providers
Some healthcare providers may be hesitant to provide opinions for VA claims. These strategies can help address common concerns:
- Addressing time constraints:
- Offer to pay for a separate appointment specifically for the opinion
- Provide a draft letter that the provider can modify
- Request just a brief statement to be included in treatment notes
- Ask for incremental documentation over several appointments
- Offer to have the provider dictate a brief statement while you’re present
- Addressing knowledge gaps:
- Provide information about VA standards and requirements
- Share relevant medical literature supporting the connection
- Explain that “at least as likely as not” means 50% probability
- Clarify that they’re not being asked to comment on service connection
- Provide examples of well-written opinions
- Addressing liability concerns:
- Explain that they’re only being asked for their honest medical opinion
- Clarify that they’re not determining eligibility for benefits
- Emphasize that they should only state what they believe is medically accurate
- Explain that their opinion is one piece of evidence VA will consider
- Assure them that providing an opinion creates no ongoing obligations
- Alternative approaches:
- Ask for a referral to a provider more comfortable with disability evaluations
- Request documentation of objective findings without opinion
- Seek an independent medical examination
- Ask if they would be willing to complete a VA Disability Benefits Questionnaire (DBQ)
- Consider changing providers if necessary
When to Consider an Independent Medical Examination (IME)
An independent medical examination from a provider who specializes in disability evaluations may be worth the cost in these situations:
- When your treating providers are unwilling to provide opinions
- When your claim involves complex medical relationships
- When you’ve received a negative C&P examination
- When your claim has been denied based on medical evidence
- When you need a comprehensive review of all medical evidence
- When you’re appealing to the Board of Veterans’ Appeals
- When the potential retroactive award would justify the expense
IMEs typically cost $1,000-$3,000 depending on complexity, but can be decisive in difficult cases.
Medical Research and Literature
Medical literature can significantly strengthen secondary service connection claims by providing scientific support for the connection between conditions. This section provides guidance on finding and effectively using medical research.
Finding Relevant Medical Literature
These resources can help you locate medical research supporting the connection between your conditions:
- Free medical research databases:
- PubMed – Comprehensive database of medical research articles
- Google Scholar – Search engine for academic literature
- PubMed Central – Free full-text archive of biomedical journals
- Cochrane Library – Collection of high-quality systematic reviews
- VA Research – VA’s own research publications
- Medical association guidelines:
- American Heart Association
- American Diabetes Association
- American Psychiatric Association
- American College of Rheumatology
- VA/DoD Clinical Practice Guidelines
- Medical textbooks and references:
- Harrison’s Principles of Internal Medicine
- Merck Manual (available online)
- UpToDate (medical reference used by physicians)
- Mayo Clinic website
- Medical specialty textbooks
- Effective search strategies:
- Use specific condition names rather than general terms
- Include terms like “association,” “relationship,” “secondary to,” or “caused by”
- Search for specific mechanisms (e.g., “altered gait lumbar spine”)
- Look for review articles that summarize multiple studies
- Search for VA or military-specific research
Effectively Using Medical Literature
Simply submitting medical articles is not enough. You need to connect the research to your specific case:
- Selecting the most relevant research:
- Focus on peer-reviewed journal articles
- Prioritize systematic reviews and meta-analyses
- Look for articles that specifically address the connection between your conditions
- Select research that explains the medical mechanism
- Include recent publications when possible
- Presenting literature effectively:
- Create a summary of each article’s key findings
- Highlight the most relevant passages
- Explain how the research applies to your specific case
- Organize articles by relevance or strength of evidence
- Include complete citations
- Connecting research to your claim:
- Explicitly state how the research supports your specific secondary connection
- Point out similarities between study subjects and your situation
- Explain how the medical mechanism described applies to you
- Address how the research supports causation or aggravation
- Have your provider reference the literature in their opinion
Sample Medical Literature Summary
RE: Medical Literature Supporting Secondary Connection Between PTSD and Hypertension
The following medical literature supports my claim that my service-connected PTSD has caused or aggravated my hypertension:
1. “Posttraumatic Stress Disorder and Incident Cardiovascular Disease: A Systematic Review and Meta-Analysis” (Journal of the American Heart Association, 2019)
Key Findings: This meta-analysis of 4,180,598 participants across multiple studies found that PTSD was associated with a 61% increased risk of developing cardiovascular disease, including hypertension. The authors concluded that “PTSD is independently associated with increased risk of incident cardiovascular diseases.”
Relevance to My Case: Like the subjects in these studies, I developed hypertension after my PTSD diagnosis. My blood pressure readings show a correlation with PTSD symptom severity, with higher readings during periods of increased PTSD symptoms.
2. “Autonomic Nervous System Dysfunction in Psychiatric Disorders and the Impact of Psychotropic Medications” (CNS & Neurological Disorders – Drug Targets, 2017)
Key Findings: This review explains how PTSD causes chronic dysregulation of the autonomic nervous system, leading to persistent elevations in blood pressure through increased sympathetic tone and elevated stress hormones like cortisol and norepinephrine.
Relevance to My Case: My treatment records document autonomic symptoms during PTSD episodes, including increased heart rate, sweating, and elevated blood pressure. My psychiatrist has noted that my hyperarousal symptoms directly impact my cardiovascular function.
3. “VA/DoD Clinical Practice Guideline for the Management of Posttraumatic Stress Disorder and Acute Stress Disorder” (2017)
Key Findings: This official VA guideline acknowledges that “PTSD is associated with increased risk for hypertension” and recommends monitoring cardiovascular health in PTSD patients.
Relevance to My Case: As a veteran with PTSD receiving care through the VA system, this guideline directly applies to my case and supports the connection between my conditions that my providers have observed.
4. “Sleep Disturbance, Psychiatric Disorders, and Cardiovascular Disease Risk: A Narrative Review” (Nature and Science of Sleep, 2020)
Key Findings: This review explains how sleep disturbances, a core symptom of PTSD, contribute to hypertension through multiple mechanisms including sympathetic activation, inflammation, and endothelial dysfunction.
Relevance to My Case: My VA sleep clinic records document severe insomnia and nightmares related to PTSD, with sleep studies showing elevated nighttime blood pressure. My treatment records show that improvements in sleep correlate with better blood pressure control.
These articles collectively support the medical mechanism by which my service-connected PTSD has caused or permanently aggravated my hypertension, consistent with my provider’s opinion letter and my medical history.
Common Secondary Connections in Medical Literature
Medical research has established many connections between primary and secondary conditions. Here are some well-documented relationships:
Primary Condition | Secondary Condition | Medical Mechanism | Key Research |
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Diabetes Mellitus | Peripheral Neuropathy | Microvascular damage, metabolic changes, oxidative stress | American Diabetes Association Standards of Care; Diabetes Care journal |
PTSD | Hypertension | Autonomic dysregulation, chronic stress response, inflammation | Journal of the American Heart Association; VA/DoD Clinical Practice Guidelines |
Knee Conditions | Lumbar Spine Disorders | Altered gait, biomechanical changes, compensatory mechanisms | Journal of Biomechanics; The Spine Journal |
Chronic Pain | Depression | Neurochemical changes, functional limitations, sleep disruption | Pain Medicine; Journal of Affective Disorders |
Tinnitus | Anxiety/Depression | Sleep disruption, stress response, neuroplastic changes | Journal of the American Academy of Audiology; JAMA Otolaryngology |
GERD | Sleep Apnea | Reflux during sleep, airway inflammation, vagal stimulation | Sleep Medicine Reviews; American Journal of Gastroenterology |
Medication Side Effects | Various (e.g., ED from antidepressants) | Pharmacological mechanisms specific to medication | FDA medication guides; pharmacology journals |
This is not an exhaustive list. Medical literature continues to evolve, and new connections between conditions are regularly established through research.
Diagnostic Testing Strategies
Objective diagnostic testing can provide powerful evidence for secondary service connection claims. This section covers strategies for obtaining and using diagnostic tests effectively.
Key Diagnostic Tests for Common Secondary Conditions
Different secondary conditions require different types of diagnostic evidence:
Secondary Condition | Useful Diagnostic Tests | What They Show | Connection Evidence |
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Peripheral Neuropathy |
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Musculoskeletal Secondary Conditions |
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Cardiovascular Conditions |
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Mental Health Conditions |
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Gastrointestinal Conditions |
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Strategies for Obtaining Diagnostic Testing
These approaches can help you obtain the diagnostic testing needed to support your secondary claim:
- Working with VA providers:
- Request specific tests during appointments, explaining their relevance to your conditions
- Ask for referrals to specialists who can order appropriate testing
- Follow up on test recommendations from C&P exams
- Request testing through your Patient Advocate if initially denied
- Use the VA’s secure messaging system to request specific tests
- Working with private providers:
- Discuss the specific purpose of testing for your VA claim
- Provide information about what needs to be documented
- Check insurance coverage or discuss self-pay options
- Request detailed written interpretations addressing the connection
- Ask about specialized testing not available through VA
- Maximizing diagnostic evidence:
- Request copies of all test results and imaging studies
- Ask providers to specifically comment on the relationship to your primary condition
- Consider follow-up testing to document progression
- Request comparative testing (e.g., affected vs. unaffected side)
- Ensure test reports include your full medical history
Using Diagnostic Evidence Effectively
To maximize the impact of diagnostic testing in your claim:
- Highlight key findings in your submissions, don’t expect VA to interpret complex results
- Connect the dots between test results and the secondary relationship
- Include provider interpretations that specifically address the connection
- Document progression through serial testing when possible
- Compare results to medical literature on expected findings in secondary conditions
Remember that raw test results alone are rarely sufficient—they need interpretation and context to support your claim effectively.
In This Appendix
Key Concept
The Medical Nexus Requirement
For secondary service connection claims, the medical nexus—the link between your service-connected condition and your secondary condition—is the most critical element to establish.
Strong medical evidence must show that it is “at least as likely as not” (50% or greater probability) that your service-connected condition either caused or permanently aggravated your secondary condition. This requires a combination of provider opinions, diagnostic testing, and supporting medical literature.
Quick Tips
- Prepare for medical appointments with specific questions about the connection between your conditions
- Provide your healthcare providers with information about VA’s “at least as likely as not” standard
- Request that providers document the relationship between conditions in your regular treatment notes
- Search for medical literature using specific condition names and relationship terms
- Consider an independent medical examination for complex cases or after a denial