r/VeteransBenefits

Question about secondary claim

No, the VA will not automatically reconsider your denied TMJ secondary claim based on your pending supplemental claim for the primary mental health (MH) condition. Each claim is adjudicated separately, and a supplemental claim requires the submission of "new and relevant evidence" (38 CFR 3.2501) specifically for the condition being claimed. Since your supplemental filing only addressed the direct service connection for MH, the prior denial for TMJ as secondary remains final. To pursue TMJ, you must file a new supplemental claim specifically for that condition, submitting new evidence that establishes a medical nexus linking your TMJ to your service-connected MH condition, such as a medical opinion stating that bruxism or other MH-related symptoms cause or aggravate your TMJ (potentially rated under Diagnostic Code 9905, analogous to 38 CFR 4.150). Case law like *Waller v. Wilkie* supports that a secondary claim is distinct from its primary condition. Your actionable next step is to obtain a nexus letter from a dentist or doctor and file a supplemental claim (VA Form 20-0995) for TMJ, explicitly stating it is secondary to your MH disorder, referencing your pending MH claim to request coordination of the ratings decisions. Monitor both claims separately.

*Disclaimer: This information is for educational purposes regarding VA claims processes and is not intended as legal or medical advice. For guidance specific to your case, please consult an accredited VA attorney or claims agent.*

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).