VA Claims, Secondary Claims, Disability Benefits, Veteran Support

VA Did Not Eliminate Secondary Claims: What Spicer v. McDonough Really Means for Your Benefits

There’s a lot of noise out there right now about VA secondary claims—especially after the Spicer v. McDonough decision and recent changes in the VA claims process! If you’ve heard rumors that the Department of Veterans Affairs “got rid of” secondary service connection, take a breath. That is not what happened. Secondary claims are still very much alive, and for many veterans, they remain a critical path to the Disability Benefits and long-term veteran support they’ve earned.

Secondary Claims 101: What They Are and Why They Matter

Before we dive into Spicer v. McDonough and the latest 2026 updates, it helps to clarify what a secondary claim actually is. Under VA law—specifically 38 U.S.C. § 1110—a secondary service-connected disability is a condition that results from an already service-connected disability. In other words, the VA recognizes that one medical problem can lead to another over time!

Common examples of secondary claims include:

• Back or hip problems that develop because of an altered gait from a service-connected knee injury

• Depression, anxiety, or PTSD symptoms that worsen due to chronic pain from a physical service-connected condition

• Sleep apnea aggravated by weight gain tied to medications for a service-connected disability

Secondary claims are not a loophole—they are a formal, lawful part of the VA claims system. They recognize the medical reality that the body and mind are interconnected, and that service-connected conditions often trigger a cascade of additional health problems over the years. For many veterans, secondary service connection is the key to reaching a rating that accurately reflects their true level of impairment and unlocking the full range of veteran benefits they deserve.

💡 Pro Tip: If your doctor has ever said, “This problem got worse because of your other condition,” that’s a signal to explore a secondary claim!

The VA Claims Process in 2026: Faster—but Still Evidence-Driven

The good news first—the VA claims process is moving faster than it has in years. As of early 2026, the average time to complete a VA Disability Benefits claim is around 75–80 days, down from well over 130 days just a year or two ago. The VA processed more than three million claims in FY 2025 and is on track for another record-setting year, with the backlog of long-pending claims dropping below 100,000 for the first time since 2020 (news.va.gov). That’s a major improvement for veterans waiting on decisions!

Behind the scenes, the VA is using automation, AI tools, and better digital workflows to speed up document intake and evidence review. Systems like Automated Decision Support (ADS) and tools such as AICES help claims processors sort and analyze evidence more efficiently—while human raters still make the final calls. There’s also a new fraud detection tool scanning newly submitted Disability Benefits Questionnaires (DBQs) for red flags, which helps protect the integrity of the system without re-litigating older records (stripes.com).

📌 Key Takeaway: Even with faster timelines, the VA claims process is still fundamentally evidence-based. Clear medical opinions, treatment records, and nexus statements are critical—especially for complex secondary claims.

Spicer v. McDonough: A Landmark Case for Secondary Service Connection

Now, let’s tackle the case that’s at the center of so many recent conversations—Spicer v. McDonough, decided by the U.S. Court of Appeals for the Federal Circuit on March 8, 2023 (No. 22-1239). This case did not eliminate secondary claims. In fact, it clarified and expanded how the law on secondary service connection should be interpreted in favor of veterans!

Here’s the core story. Veteran Luther D. Spicer, Jr. served in the U.S. Air Force and was later diagnosed with chronic myeloid leukemia (CML) due to benzene exposure in service. The VA granted him a 100% rating for that leukemia—no dispute there. Later, he developed severe arthritis in both knees and was scheduled for knee replacement surgery. But that surgery was canceled because his leukemia treatment caused low hematocrit levels, making surgery too dangerous. He would need to remain on that treatment for life (law.justia.com).

Spicer argued that his knee disability should be recognized as secondary to his service-connected leukemia—not because the leukemia caused the arthritis, but because it blocked effective treatment for his knees. In other words, but for the leukemia and its treatment, he could have had surgery and likely better function. The VA Regional Office, the Board of Veterans’ Appeals, and even the Court of Appeals for Veterans Claims all denied his secondary claim, treating “resulting from” as if it required a direct, etiological cause-and-effect relationship between the leukemia and the knee arthritis.

The Federal Circuit stepped in and said—politely but firmly—that this was too narrow a view of the law!

The court held that the phrase “for disability resulting from” in § 1110 requires but-for causation, and that this is a broad standard. It can include multi-step causal chains, including situations where a service-connected disability impedes treatment of another condition. The key question is: would the current level of disability exist but for the service-connected condition and its consequences? If the answer is no, then service connection for that secondary disability may be warranted—even if the primary condition did not directly cause the underlying disease process (law.justia.com).

Why Spicer Strengthens, Not Weakens, Secondary Claims

Spicer is powerful because it recognizes real-world medical complexity. The court emphasized that Congress used stricter language in a different statute (§ 1153, dealing with aggravation and “natural progression”), but chose broader wording for § 1110. That means § 1110 can cover functional worsening—even when the pathway is indirect, like missed or blocked treatment opportunities. The Federal Circuit also pointed out that VA has long recognized multi-step causal chains in other contexts, such as obesity caused by a service-connected condition leading to additional disabilities, or conditions caused by treatment for a service-connected disability. Spicer simply confirms that this broader, veteran-friendly reading applies to secondary claims as well.

📌 Key Takeaway: Spicer v. McDonough did not close the door on secondary claims—it opened it wider for veterans whose service-connected conditions interfere with the treatment of other disabilities.

VA’s 2026 Manual Update: Stricter Standards—but Still Secondary Claims

So where does the confusion come from about secondary claims being “eliminated”? A big part of it traces back to a May 1, 2026 update to the VA’s M21-1 Adjudication Procedures Manual. Section D was revised to tighten how adjudicators evaluate secondary service connection. The manual now emphasizes a more explicit “but-for” causation requirement and calls for clearer baseline medical evidence when determining whether a service-connected condition caused or aggravated another disability (reddit.com summary of M21-1 change).

In practice, this means VA decision-makers are being instructed to look more closely at:

• What the secondary condition’s baseline severity was before any alleged aggravation

• Whether medical evidence supports that, but for the service-connected condition, the secondary condition would not exist—or would be less severe

• Clear, reasoned nexus opinions rather than vague or speculative statements

This is not the same as abolishing secondary claims. Instead, it raises the bar on the claims process—especially the evidentiary side. Veterans now need even more precise medical documentation and well-supported opinions tying their secondary conditions to their primary service-connected disabilities. That can feel like the VA is “cracking down,” but legally, secondary service connection remains fully available, especially in light of Spicer’s broad but-for standard.

💡 Pro Tip: Ask your treating provider or an independent medical expert to address the baseline of your secondary condition and explain how your service-connected disability changed that baseline over time.

Building a Strong Secondary Claim: Evidence, Nexus, and Strategy

With stricter manual guidance and a more technical approach to secondary claims, the way you present your evidence matters more than ever. Here’s how to position your claim for success in today’s environment while taking full advantage of the protections recognized in Spicer v. McDonough!

1. Clearly Identify the Primary and Secondary Conditions

First, make sure the VA understands exactly what you’re claiming. On your application (often a VA Form 21-526EZ), list your service-connected condition and then specify the secondary condition as “secondary to” that primary disability. For example: “Left hip osteoarthritis, secondary to service-connected right knee instability,” or “Major depressive disorder, secondary to service-connected lumbar spine degenerative disc disease.”

2. Gather Comprehensive Medical Records and Lay Evidence

The VA claims process is document-driven. For secondary claims, you’ll want:

• Treatment records showing the evolution of both your primary and secondary conditions over time

• Any imaging, lab results, or specialist reports that confirm diagnoses and severity levels

• Lay statements from you, family members, or coworkers describing how one condition has led to or worsened the other (for example, changes in mobility, mood, or ability to work)

3. Secure a Strong Medical Nexus Opinion

A “nexus” opinion is the bridge between your conditions—it explains the medical reasoning that connects your service-connected disability to your secondary condition. In the post-Spicer, post-2026-manual world, a strong nexus opinion should:

• State clearly that it is “at least as likely as not” (50% or greater probability) that the secondary condition was caused or aggravated by the service-connected condition—or by treatment for it, or by limitations it created in pursuing treatment (as in Spicer!)

• Describe the baseline level of the secondary condition and how it changed over time

• Use clear, non-speculative language and reference specific records, test results, or clinical observations

Photographic realistic close-up of a veteran and accredited representative reviewing a printed...

Detailed nexus letters often make the difference in complex secondary service-connection cases.

4. Address “But-For” Causation Head-On

Given both Spicer and the M21-1 updates, it’s smart to speak the VA’s language directly. In your own statement and in your doctor’s opinion, explicitly address the but-for standard. For example:

• “But for the limitations caused by my service-connected ankle condition, I would not have developed my current hip arthritis.”

• “But for the need to remain on anticoagulant therapy for my service-connected heart condition, I would have been able to undergo knee replacement surgery, and my functional limitations would be significantly less.”

This kind of language mirrors the reasoning in Spicer and helps frame your claim in a way that aligns with current legal and procedural standards.

When the VA Says No: Appeal Decisions and Keep Fighting

Even strong secondary claims can be denied. That’s where understanding your options for appeal decisions becomes essential. Under the modern Appeals Modernization Act (AMA) framework, you generally have three main lanes if you disagree with a decision on your VA claims:

1. Higher-Level Review – A more senior VA adjudicator takes a fresh look at your file. No new evidence is allowed, but you can request an informal conference to point out errors in how the law or facts were applied—this can be powerful in a case where Spicer or the but-for standard wasn’t applied correctly!

2. Supplemental Claim – You submit new and relevant evidence, such as an improved nexus letter or updated medical records, and ask the VA to reconsider. This is often the best route when the original denial cited “insufficient medical evidence” or called an opinion speculative.

3. Board Appeal – You take your case to the Board of Veterans’ Appeals, where a Veterans Law Judge reviews your claim. You can choose different dockets depending on whether you want a hearing or plan to submit additional evidence.

💡 Pro Tip: If your decision seems to ignore Spicer v. McDonough or misstates the law on secondary claims, point that out explicitly in your appeal or ask your representative to do so in writing.

Beyond Secondary Claims: Other 2026 Updates That Affect Veteran Benefits

While secondary claims and Spicer are front and center, several other 2026 changes shape the broader landscape of veteran benefits and VA claims. Understanding them can help you plan a more comprehensive strategy for your Disability Benefits and your family’s future support.

Faster Survivor Benefits: The “Higher-of-the-Two” Rule

As of February 23, 2026, eligible survivors can automatically receive whichever is higher—Dependency and Indemnity Compensation (DIC) or Survivors’ Pension—without having to wait for both claims to be fully adjudicated (military.com; wbiw.com). This new rule is designed to get money into surviving families’ hands faster, and it includes special provisions for surviving spouses in Medicaid-covered nursing care. If you’re a veteran planning for your family’s future, this is a critical part of the overall benefits picture.

Changes to Apportionment and Rating Rules

In February 2026, the VA also limited need-based apportionment of Disability Benefits—essentially ending most situations where portions of a veteran’s benefits could be paid directly to dependents based on financial need, except in narrow cases involving incarceration or institutionalization (news.va.gov). Additionally, a controversial rule that would have based ratings on functioning while on medication has been paused after strong pushback. For now, existing ratings remain protected, but it’s a reminder that the regulatory environment is constantly evolving and must be monitored closely.

Veteran Support: You Don’t Have to Navigate Secondary Claims Alone

The combination of Spicer v. McDonough, the 2026 M21-1 updates, and all the other process changes can make the VA claims system feel more technical than ever. But you are not expected to master every statute and manual citation on your own. Veteran support networks exist specifically to help you succeed in this environment!

• VA-accredited representatives – Veterans Service Organizations (VSOs), state and county service officers, and accredited attorneys or agents can help you frame your secondary claims, develop evidence, and appeal decisions when necessary.

• Independent medical experts – In complex cases, especially where treatment is impeded by a service-connected condition—as in Spicer—an independent medical opinion can supply the detailed but-for analysis the VA now expects.

• Peer communities – Other veterans who have walked this path can share what worked for them, what pitfalls to avoid, and how to stay resilient through the process.

💡 Pro Tip: When choosing representation, ask directly whether they are familiar with Spicer v. McDonough and the 2026 M21-1 secondary-claim updates. Their answer will tell you a lot about how prepared they are to advocate for you.

Conclusion: Secondary Claims Are Still a Powerful Path to the Benefits You Earned

Let’s bring it all together. Despite rumors and understandable confusion, the VA did not eliminate secondary claims. The law under 38 U.S.C. § 1110 remains in place, and the Federal Circuit in Spicer v. McDonough actually confirmed a broad, veteran-friendly interpretation of what it means for a disability to “result from” a service-connected condition. That includes situations where your service-connected disability—or its treatment—blocks you from getting the care you need for another condition, leading to worse functional outcomes.

At the same time, the VA’s 2026 updates to the M21-1 manual have made secondary claims more technical and evidence-intensive. The claims process is faster and more accurate overall, but it expects you to present clear medical documentation, strong nexus opinions, and a well-structured argument that speaks directly to but-for causation and baseline severity. That’s a tall order—but it’s absolutely achievable with the right strategy and support!

If you’re living with conditions that have snowballed over time—pain leading to depression, mobility issues leading to new joint problems, treatment side effects limiting your options—you owe it to yourself to explore whether a secondary claim could increase your Disability Benefits and better reflect your real-world limitations. And if the VA says no the first time, remember that appeal decisions are part of the process, not the end of the road. You can challenge errors, submit new evidence, and keep pushing until the full picture is recognized.

Most importantly, know this—you are not alone. The VA system is complex, but it is not impenetrable, and the law is more on your side than many realize. With solid evidence, informed advocacy, and the protections reaffirmed in Spicer v. McDonough, secondary claims remain a powerful tool to secure the veteran benefits you have earned through your service and your sacrifices. Keep asking questions, keep gathering documentation, and keep moving forward. Your claim—and your story—matter.

📞 Free Claim Evaluation at Warrior Benefits: If you’re unsure how Spicer or the 2026 rule changes affect your claim, our providers at Valor Health are ready to review your situation, explain your options, and help you build the strongest possible case—at no cost for your initial evaluation. Our team is always up-to-date with the latest VA rules and regulations, so you don’t have to be.