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mow59

Retro claim Rare Condition

Question

will try and keep this short and simple if possible.

2000 was rated for a TBI (SC) 10%,  my vertigo was considered a residual of it, No diagnosis for ear disease; just Hearing loss and  tinnitus (most symptoms listed as psychosomatic).

2017 diagnosed with a rare condition SCDS. (not discovered until 1998, and still not known in medical community.     Ear disorder.. Surgery to repair and now have residuals if not some of original symptoms.

VA claim in now for the SCDS and vertigo residuals of surgery,, any chance of them relating  my original vertigo symptoms to the ear disease and giving me retro back pay from my retirement claim? unusual case. there was no way for me to got diagnosis at that time because of the rarity of the condition.  

 thanks

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On ‎9‎/‎25‎/‎2018 at 2:03 PM, broncovet said:

Probably not.  You wont get an effective date earlier than when you filed for it.  There are almost no exceptions to this.  The general rule is that your effective date is the later of the date of claim or the facts found.  

One exception is if you applied within a year of service, then you can get an effective date back to the date of discharge.  

Claims are always done "in order":

1.  Service connection.

2.  Disability percentage.

3.  Effective date.  

     Focus on the first two, then your effective date.  If you get a favorable decision you can appeal an effective date if you dont like it.  They are done in this order for a reason:  More Vets can "get on the hamster wheel", since you have 3 chances to get on it:  SC, disability percentage, and effective date.  

By forcing Veterans to appeal "one" of these at a time, the VA can then put you on the hamster wheel 3 times...hornswaggling sc first, then disability percentage, and finally the effective date.  By doing it this way, they can drag out a claim that should be done in months for years and decades.  

Agree and that's what I've been told about order, Retro pay back to retirement ,, Only way I can imagine it, If they took the vertigo as a informal claim that was tagged to the TBI and not rated separately,( I believe claim would then still be considered open)  don't know if that is considered a cue ,, but irrelevant now..  now that I have a objective diagnosis and surgical repair. Don't know how they look at that situation.   I believe I will get SC, can only guess on percentage,, claim date I'm thinking ,, they went deferred yesterday and a request to VH for something, opinion or CPexam. so I'm hold right now..

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On 9/25/2018 at 10:07 AM, Berta said:

I found nothing at tyhe BVA on this rare condition.

So i googled it and this info popped up first:

"What causes superior canal dehiscence (SCD)? The true cause ofcanal dehiscence syndrome is unknown. The dehiscence may, at least in part, be congenital (present from birth) and may have occurred during the development of the inner ear. It can also be caused from certain infections as well as head trauma.

Superior Canal Dehiscence (SCD) | Cleveland Clinic"

It does state that head trauma (TBI) is one potential cause but if the C & P doc googles it and sees this first link he/she m,might go with "congenital" in order to deny the claim. Did this start with the TBI incident or prior to that?

yes  started directly after the accident,, had cp exam,,,looks like they are going secondary service connection,, what ever that means,,   written that its in proximtal of the tbi.... right now waiting,, read the report,,, confusing for me..

 

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I agree with Bronco.  Get it service connected, then worry about the rest.

Even at 0% there is a lot to be gained.  If the VA rates your malady at 0 because there is nothing similar in the rating reg for it, but agrees that service caused it, you can then go after secondary issues related to you SCDS that are in the reg and ratable.

I have a couple conditions rated at 0%, but because I have them I have two secondary conditions rated at 20% and 30%.

For me, the best date I get is when the VA had the evidence (usually with my claims).  Same for a re-open, which I won, you only get the date of the new evidence.  I would think a new disease or recognition of a new disease and you're have it would be the earliest, and when you make that claim.  Unless the VA was knowingly hiding something, but then that's a whole other thing.

Hamslice

 

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On ‎9‎/‎25‎/‎2018 at 11:07 AM, Berta said:

I found nothing at tyhe BVA on this rare condition.

So i googled it and this info popped up first:

"What causes superior canal dehiscence (SCD)? The true cause ofcanal dehiscence syndrome is unknown. The dehiscence may, at least in part, be congenital (present from birth) and may have occurred during the development of the inner ear. It can also be caused from certain infections as well as head trauma.

Superior Canal Dehiscence (SCD) | Cleveland Clinic"

It does state that head trauma (TBI) is one potential cause but if the C & P doc googles it and sees this first link he/she m,might go with "congenital" in order to deny the claim. Did this start with the TBI incident or prior to that?

hello,  sorry on late response,, claim in and they are listing it as proximately to the concussion tbi.(secondary aggravated service connection, which has a TBI section but doesn't mention my specific injury)

Proximately definition states , at the same time but a different injury) (  She did google it and stated that head trauma is a cause and that I displayed no symptoms prior to the accident, and symptoms of the syndrome after the accident).. looks good to me but I'm a rookie at this.....  no symptoms prior to car accident,, symptoms after.

   claim in ,,cp exams completed,, now waiting but curious

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