back pay

[gousto0731]

in 2002 I filed a claim for left shoulder injury due to overuse I was denied I appeal I lost the appeal.

I tried again in 2012 was denied  I appeal  again an this time my doctor using all the medical info from 2002 to present Stated.

since 2002 stated that VA treatment records previously indicate that your left shoulder injury was likely due to overuse and your treating orthopedic provider also referenced your previous MRI results and right shoulder history in finding that he was 100 percent certain that it was secondary to favoring the right shoulder. Therefore, the preponderance of evidence indicates that your left rotator cuff tear was due to your service-connect right shoulder disability.

Is it possible to request back pay dating back to 2002.

[Guest]

I tried again in 2012 was denied  I appeal  again an this time my doctor using all the medical info from 2002 to present Stated.

since 2002 stated that VA treatment records previously indicate that your left shoulder injury was likely due to overuse and your treating orthopedic provider also referenced your previous MRI results and right shoulder history in finding that he was 100 percent certain that it was secondary to favoring the right shoulder. Therefore, the preponderance of evidence indicates that your left rotator cuff tear was due to your service-connect right shoulder disability.

The crazy one here, well one thing we can agree on is that VA screws up a lot of effective dates. Here is my opinion. You filed a claim and it was denied, you appealed the claim around 2002 and it was denied again.  In 2012 you reopened your claim and it was denied and this time you got an IMO/IME and you won your service connection.  This is a secondary condition not one directly related to service but secondary to your primary one. Even though your medical doctor used your medical records to give his opinion, this opinion was not available until sometime after 2012 which would be the correct effective date. Because you appealed and lost around 2002 then reopened the claim in 2012, IMHO there is no way VA will back pay you all the way to 2002. Now with all that said if you still want to really know if you can get any more back pay prior to 2012, you can always try to get an attorney to view your claim. There are a lot out there that will review your records, make sure you get one that says that if you don't win you don't pay.

Best of luck

Keep in mind that your IMO is what won your claim.