Undiagnosed & Mistreated Medical Conditions

[lu12]

In 1998 I Filed for s-c for [3] medical conditions sought to be related to the service and to the s-c disabilities. Every condition were undiagnosed and mistreated from 1989 to 1998 by the VA health system and theirs clinicians . My question is, the (EED) for these claims should be set to the claim date starting in 1998 or since two of the three issues have been granted secondary s-c, should the entitlements for benefit should commence as early as with in the 12 mo. pp (1989)?

lu12

[Hoppy]

This is a very complicated situation. You are saying you were Sc'd in 1998 for one of the conditions and later sc'd for two as secondary conditions. However, the secondary conditions existed at a rateable rate the entire time. However, they were not diagnosed until 10 years later. Service connection has been awarded with a effective date of 1998 and you feel the Effective date should be ten years earlier. When was the claim for the secondary conditions filed. It sound to me like they were filed much later than 1989. I have not heard of effective dates predating the date the claim was filed by 10 years. I have not heard of the VA considering the faliure of a doctor to make a diagnosis as the basis for an earlier effective date. Do you have an SO? What does the SO say?

[lu12]

'Hoppy'

My concern is due to a VA-SSOC, statement in which the VA when refer to the EED said: when the evidence shows a level of disability that supports a certain rating under the rating schedule.

VA also state; that if they received the claim with in one year of separation from military, entitlement will be from the day you left the military.

But what if they documented the complaint but ignored the condition, undiagnosed the condition and then 10 years later granted you Sc - because they found that the condition where present within the 12mo. pp after Mservice?

One more scenario relating to an informal claim process. If you have been ask during a previous C&P examination, under the history and subjective complaints subsections A&B what other complaints or medical conditions do you have - apart - from the sc'd disabilities you where been evaluated, how do you go about to claim your previously complaint as an informal complaint and what it would be the EED for that matter?

Let say, that you complaint of bilateral Knee pain in a Jan 2008 C&P for increase for a sc'd lumbar disorder, then you claim sc's for the knee bilateral factor disorder in Jul 2008 six month later. Since it's been documented on a earlier C&P evaluation the EED, could be effective from January instead of July of the same year? would this explain the informal - formal claim process?

lu12