New evidence to an already denied claim

[chief5631]

I am already service connected for fecal incontinence for a discectomy I had in service.  This was in 2011.  When I walked into the C&P docs office, he stated this was a no-brainer so I was automatically assigned a 60% rating.  well now urinary incont just started (actually started years ago), so I sent in a claim and doc said he couldn't connect it to anything in my records...completely nuts, so I had to waste my time and the VA urologists time, anyway there is now a note in my VA medical records that states "urinary incontinence is related to spinal surgery he had in service".

 

2 questions, is that sentence good enough?  and do I start another claim with new evidence or how to I reopen this one?  Thanks!

[toddt]

Sounds good enough to me.  Start another claim and state that urinary incontinence is secondary to your  service connected discectomy  Include your doctors statement.

[chief5631]

But the original date won't be the same m?  And I'll lose all that time?

[Guest]

1 hour ago, chief5631 said:

so I sent in a claim and doc said he couldn't connect it to anything in my records..

Can you please explain this statement?

[chief5631]

I filed a claim for urinary incontinence.  I was then scheduled for a C & P to discuss and sounds as though he was positive about it, but I guess they all seem that way while you're there.  I claimed it as secondary to " post operative residuals, discectomy of lumbar spine, with degenerative joint disease of thoracic spine", which is currently at 10% right now.  In 2011 I claimed fecal incontinence as secondary to the same SC condition, but the only diff was I had a note in my records that the fecal doc said it was more than likely from the disectomy so there was no problem granting SC for fecal.  But no note (really didn't think I needed one since it was so obvious) from any doc on the urinary claim so they turned it down.  The doctor said he could only "speculate" it was from the disectomy.  I though benefit of the doubt but guess not...sorry I didn't explain that better the first time and hope I did a better job this time.  I sure appreciate your help because 2 VSOs in the same office told me I would def get it by doing it this way.

[Guest]

Your post was fine, I try to have as much information as possible before I stick my foot in my mouth in giving any type of advice. So yes, you will have to open a new claim for urinary incontinence cause by or as a result to your surgery in the military and you did not waste your time and the urologist time. 

[broncovet]

I wish I had all the money people got from VA by doing the exact opposite the VSO suggested.  When the VSO says something even close to "you will definately get it(your benefits) by doing it that way", this is a big red flag.  Its an exaggeration, at a minimum, and may even be counter productive.  

As far as a "new claim" or reopen, that would depend on circumstances.  If you are in the appeal period, then a reopen should give you an earlier effective date, if awarded.

Source:  Item number 1:  http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

I cant see a "downside" to reopening due to N and M evidence, but opening a new claim could well hornswaggle you on the effective date.