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Nod And Cue

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pacmanx1

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Just curious, I was looking at my disability code sheets and noticed that it said I was awarded 10% for IBS in 1997 but I was not. I was service connected for acid reflux 10% until I filed a claim for IBS in 2005, when I was awarded 30% for IBS. Now there is no mention of the code of acid reflux on my code sheets just IBS. I currently have in a claim for EED of IBS since VA requested my hospital records and received them in 1997. I am not sure why they didn't award me the 30% as of 1997 at that time. When I filed for my claim for increase and VA awarded me service connection for IBS with the evidence they had to rule to change my rating codes, why didn't they correct the EED date on the evidence they were actually reviewing. I filed a NOD and a CUE, a NOD for the current claim and a CUE for the claim in 1997. Since VA changed the rating codes from acid reflux to IBS shouldn't this prove I had IBS in 1997 and it was greater than my acid reflux? Keep in mind that VA had hospital records and a doctor diagnosing me with IBS prior to my award in 1997. It actually gives the exact date I claimed for my EED of IBS. Basically what I see is VA said I had acid reflux in 1997, when I filed a claim for IBS, VA awarded me my claim for IBS and changed the rating codes from acid reflux to IBS. Since I had/have been having the same symptoms and the C & P doctor for my IBS stated that my IBS symptoms have not changed just gotten worse shouldn't 1997 be the actual effective date and not when I filed for increase? Yes, I know I filed for the increase years after my original award but the original award was never appealed and was final so that is the CUE, VA failed to awarded me 30% instead of 10% which cost me a lot of money. Now with the NOD since I was awarded and filed my NOD for the EED in 30 days it also requested that VA review my entire file to prove that VA had in its possession pertinent evidence that was not reviewed that showed I was diagnosed and treated for IBS prior to 1997. Keep in mind that I have both acid reflux and IBS. The regulation states; § 4.7 Higher of two evaluations. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.

Any thoughts or comments, please be tactful & respectful not in mood for silly comment?

Edited by pacmanx1
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