Secondary Condition Claim · VASRD 7804
A condition caused or aggravated by an already service-connected disability can be granted its own service connection as a secondary condition under 38 CFR § 3.310. Here's how that works for Scars, Unstable or Painful when it develops after Loss of use of both feet.
Primary condition · VASRD 5110
Loss of use of both feet
Both feet have lost all effective function. In 38 CFR 4.71a this is DC 5110, "Loss of use of both feet" — one row in the combinations-of-disabilities table, paying a single evaluation of 100 percent. It covers functional loss with the feet still present; anatomical loss of both feet is a separate entry, DC 5107, and one foot alone is DC 5167 at 40 percent.
Secondary condition · VASRD 7804
Scars, Unstable or Painful
DC 7804 evaluates scars that are unstable, painful, or both, and it rates them by count — how many scars qualify, not their size, location, or appearance. Note (1) defines an unstable scar as one where, for any reason, there is frequent loss of covering of skin over the scar. A painful scar and an unstable scar count the same toward the tier, and where a single scar is both, Note (2) adds 10 percent on top.
The VA rates Scars, Unstable or Painful the same way whether it's claimed directly or as secondary to Loss of use of both feet — severity of Scars, Unstable or Painful itself determines the percentage.
Example combined rating
100% Loss of use of both feet + 10% Scars, Unstable or Painful = 100%
The VA combines ratings with Table I of 38 CFR 4.25, not simple addition — 100% and 10% combine to 100%, not 110%. These figures are illustrative; your actual rating for each condition depends on your own evaluation.
Get the rating criteria for Scars, Unstable or Painful, the evidence a secondary claim needs, and why it is linked to Loss of use of both feet — delivered to your inbox.
Primary condition
Full Loss of use of both feet guide
Secondary condition
Full Scars, Unstable or Painful guide
See how Loss of use of both feet and Scars, Unstable or Painful combine with the rest of your service-connected conditions using the official VA combined-ratings formula.
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