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!

[chief5631]

1 hour ago, pete992 said:

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. 

Thanks so trying to understand, I don't want to appeal the urinary because that process takes too long?  The date on that denied claim was Sep 2015, not not too long ago.  And should it be a FDC?  although don't think that system works anyway?  So there's only 2 options, appeal or start a new claim?  There's no such thing as just supplying more evidence to a recent denial and walla?

[chief5631]

1 hour ago, broncovet said:

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.  

broncovet, I did not formally appeal yet, so whats your advice?  Same as pete992 said, new claim ?

[broncovet]

Yes, chief, there is a third option as you mentioned.  You can reopen due to new and material evidence under 38 CFR 3.156.  

[chief5631]

since I had this type of negative experience with VSOs, is this possible to do on ebenefits??

[broncovet]

Chief, you proabably want to reopen due to new evidence rather than a new claim, if you have MATERIAL evidence.  

[chief5631]

is it ok to post what my urologist said so you can review for yourself to see if it's strong enough?