New Medicine & Overdue Treatment, Required For Rating?

[cowgirl]

Got a vcaa note for eed correction for compensation to the original claim. The diagnosis is 'exactly' the same, the regulations state 'exactly' the same - from then to now.

Question?

Do I have really have to 'show' continued treatment from the original claim date?

Va monitored me, that was my care from the first. With my new & correct rating, I now have treatment with med(S) from va and another dr.

How the....er, grrr, was I to know I needed meds and more care a long time ago?

THanks, this may not make sense, but I'm a'tryin.

cg

Edited May 20, 2009 by cowgirl

[john999]

The fact the made your ED the same as your C&P date is wrong. Unless a fact was discovered at the exam that caused the VA to decide you were then and there entitled to a higher rating and not before that exam.

[halos2]

"Got a vcaa note for eed correction for compensation to the original claim. The diag is "exactaly" the same, the regulations state "exactaly" the same-from then to now."

"Do I really have to show continued treatment from the original claim date?"

They want all records that you can produce.

"VA monitored me, that was my care from the first...with new and correct rating I have tx and meds by VA and another dr."

So only now you are seeing another dr?

You never saw another dr at all during these 10+ years?

Didn't you ever see another VA dr during these years?

"I was merely checked now and then but just recently got a specialist. So my VA and private care has been increased even with meds now."

Is your specialist a VA dr?

How long have you been receiving the private care, and by whom? A dr?

"The vcaa letter indicated they need proof of treatment but for many years I only had basic VA checkups, no specialist, meds, or other care form VA or any other dr.(10yrs+)

Was it more than just 1 VA dr?

"...got a hugh increase. The date was retro'd only a few years back to the C&P date, C&P was for TDIU. C&P dr notes caused rating to be corrected."

Rating corrected? Did he/she change anything with the diagnosis, or GAF score if it pertained to your claim?

Did you put in for the TDUI?

"The sc rating within 1 yr departed from the service wasn't easy, denied then got IMO, then rated minimilly. Didn't know regs or anything..."

So you filed, got denied and put it for a NOD and presented an IMO and received a higher rating.

"So no they did not retro me the date to the first claim for the condition."

During these years, did you ever put in for another increase? Who initiated the C&P exam, you? What did you do all of these 10+ years with your claim? Did you ever utalize a VSO to any extent? What prompted you to recently get a specialist? Were your symptoms more evident and pronounced? The specialist and your dr diagnosed that you required medication at this point, and you are being seen more often now. So therefore the problem has exacerbated to a higher level. Is this the reason your claim went back to the C&P date as your status remained stable but upon the C&P exam, it was found your conditioned worsened?

These are just my thoughts and questions, as all of us learn from the VA processes. "Good Luck!"

Edited September 8, 2008 by halos2

[carlie]

cg,

Check the dates of your filing claims or NOD's listed in your Evidence Sections

(as compared to any and all VA medical treatment, care, progress and/or clinic notes,

pharmacy records, etc...)

to see if this if this rule would help you in obtaining an Earlier Effective Date.

Hope this helps a vet,

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-....66&idno=38

[Pete53]

I gave a statement of the problems I had and VA accepted it regarding problems with flat feet. I think if you worte up a narrative of the problems caused and what you did even though not being offically treated should help your claim.

I find it very weird that so many of us have problems with VA and effective dates. You really should go back to when you filed your claim in my opinion.

[Berta]

"The date was retro'd only a few years back to the C&P date, C&P was for TDIU."

Ridiculous- do you get SSA for these disabilities? If so-does VA know that?

Every once in while I see this happen and it happened to a local vet I helped- they give the C & P as date of disability or TDIU- meaning the VA itself caused the Disability or TDIU?????

Of course that isnt what it means but it does mean the VA used a date that resolved the issue -in their opinion- but never accounted for the actual date of the TDIU claim or actual TDIU evidence-and if the VA does this and gets away with it-they sure can save many thousands of bucks if vets dont challenge it.

[jbasser]

This is a good training post.

If you are contemplating quitting work and filing for IU, Then one should have a Doctor officially take you off from work.

That settles any questions the VA may have. The medical evidence determines last date worked, Not the VARO.

CG challenge any decision they make. You Know the date you were too disabled to work.

J