Effective Start Date for Benefit

[randylan2]

I might e =be making my question to difficult.

I will shorten question.  2009 applied for SC for secondary stool incontinence  of my SC low back sprain.  c@p exam hemorrhoids was reported in notes by doctor.  claim denied they said because the did not find any Neuro issues.

fast forward:  Applied again in 2015 for hemorrhoids and stool incontinence    awarded 20%  hemorrhoids  benefit start date 2015

60% stool leakage  benefit start date 2017 date of exam

V A rationel     This is the first time stool incontinence has been diagnosed and related to your hemorrhoids   Your benefit start date is date of your 2017 c@p exam.     Question?   does the 2009 denied claim  help me send nod on effective date  of the leakage?  should it be  2009?  They did not mention the 2009 denied claim ..

[broncovet]

You need to appeal the decision by filing a NOD disputing the effective date, citing the evidence you mentioned.  

Effective dates are the later of the "date you applied" or "facts found".  Apparently the VA "thinks" the first time you were diagnosed is 2017.  Check your records to see if this was diagnosed in 2009, that is, if the VA is correct.  (I dont know what your records say).  

However, "even if" you were not diagnosed until 2017, you can still appeal arguing you had the same symptoms since 2009, if that is indeed the case.  The 2017 doc "SHOULD" have given a date as to when you were diagnosed, sometimes "by history".  

Often they dont do that so they use the date of the c and p exam.  

Think about it, tho. 

This suggests you applied in 2009 "in anticipation" that, in 2017, you would become incontinent.  I doubt that happened.  Instead, YOU had the symptoms

earlier, just no diagnosis.  You have to have a "current" diagnosis, but I dont think you need a 2009 diagnosis, just symptoms.  Diagnosis change, sometimes.  

Again, check your records, and base your appeal on:

1.  The evidence.

2.  The symptoms.

3.  Point out you meet the Caluza elements:  a)  CURRENT diagnosis  b) in service event or aggravation (unless its secondary to another SC condiition)

and c) nexus or medical link between a and b.  

I would allege that you HAVe a current diagnosis, and that your symptoms began in 2009, if indeed, you can cite evidence to same.  

Its not all that unusual that it sometimes takes docs a while to diagnose a condition...all while you are having symptoms...this is why it says "CURRENT" diagnosis.  

My guess is you will prevail on your appeal, provided that you do a good job citing the applicable evidence and resubmitting evidence if necessary.  If you resubmit evidence under 38 cfr 3.156 it should give you an eed.  

You can/should consider an attorney, especially since this is a lot at stake.