Back Pay? Bertha

[randylan2]

I can not locate the denied claim reason dated 2009 c@p exam.

But i found a few pages of the 2009 c@p exam   showing my request for  my sc low back sprain with  secondary stool incontinence.

c@p exam reports veteran possible hemorrhoids  from exam and claim denied.  reported on deniel leakage not related to  sc low back sprain.

FAST FORWARD

I found several of my old military medical records and  remembered i had rectal tear bleeding in 1991 on active duty.

I  applied for sc  for hemorrhoids with leakage  In 2015

2017   awarded   20% hemorrhoids  effective 2015 and leakage fetal   60%  effective date   2017 c@p exam date.

reasoning shows veterans first known diagnoses of anal leakage was at 2017 c@p exam so V A started my effective date 2017

In  2009 I did not request service connection for hemorrhoids with secondary anal leakage,  however possible hemorrhoids was noted in c@p exam in 2009.  I only applied for   just anal leakage secondary to my sc low back sprain.  So is it possible to send nod on anal leakage effective date back to 2009 ?  or 2015?   seems like the V A   Does  not want to give me any back pay for the 60% anal leakage, But however they did go back to 2015 for the 20% hemorrhoids. Any legal rules to back pay for leakage from 2009?  anal leakage was requested and the hemorrhoids was noted. If so what would be my argument?

[Berta]

If you can scan and attach here the recent decision, as to their  rationale on th EED, perhaps we can help more.

Cover your C file, name etc prior to scanning it.

 

[randylan2]

26 minutes ago, Berta said:

If you can scan and attach here the recent decision, as to their  rationale on th EED, perhaps we can help more.

Cover your C file, name etc prior to scanning it.

 

i scanned and attached 7 may 2017 to you on past question can you locate?

[randylan2]

Says: Service connection for anal leakage has been established as related to the service connected disability of hemmroids.as an eval of 60 percent is assigned from march 31 2017 This is the date of your c@p exam and the first date from which the evidence of record demonstrates that you have fetal leakage and relates it to a progression of your hemorrhoid condition

[randylan2]

I do not think the V A looked at my past exam from 2009

but the 2009 c@p was secondary leakage of my sc low back sprain

so maybe it does not count on this new claim?

the 2009 exam report say possible hemorrhoids was documented

but denied service connection

 

[randylan2]

found the 2009 decision

the evidence does not show you have neurological condition.  that is related to sc condition of recurrent sc low back sprain.nor any evidence of this disability during military serfvice.you filed claim for sc for neuro issue secondary to low back sprain

your service treatment records are neg  for treatment of neuro issues

examiner stated no medical determined impairment to cause symptoms 

and the neuropathy could not be aggravated by a negative back evaluation

 

This was before I found my military treatment records in 2010

showing treatment for hemorrhoids and tear in retum

[randylan2]

THE 2009 CLAIM I SUBMITTED FOR  STOOL INCONTINENCE  SECONDARY OF SC LOW BACK SPRAIN UNDER NERO CONDITION