Amend Active Appeal?

[Joshafv]

While in-service, I was seen for loss of sphincter control. I was later diagnosed with Crohns and was awarded service-connection for Crohns, but not the loss of sphincter control. This led me to file it as secondary to Crohns which is what the doctor told me was causing it. Totally understandable and straightforward. This was submitted in 2013 and is under appeal.

Now, in 2019, a new doctor said I do not have Crohns and no doctor can identify what is causing the loss of sphincter control hence their inability to treat it. I will have surgery for it. Can my active appeal be amended (it is on the docket) and make the loss of sphincter control a primary condition rather than a secondary condition instead of filing a whole new claim with a new effective date? Thats a whole lot of time lost in addition to potential backpay. I would hate to start all over because of a misdiagnosis 6 years ago especially when it seems administrative. I mean it is on the claim, but listed under another diagnosis.

I researched high and low and cannot find anything on it at this stage.

Edited June 13, 2019 by Joshafv
more info

[GeekySquid]

On 6/12/2019 at 5:25 PM, Joshafv said:

Now, in 2019, a new doctor said I do not have Crohns and no doctor can identify what is causing the loss of sphincter control hence their inability to treat it.

is this a VA doctor that has changed the diagnosis? and based on what are they saying that the loss of control cannot be identified as to the cause?

[Berta]

This fairly recent (2018 BVA decisions might help you determine how they should rate you:

 

"The Veteran's service-connected disability is rated under DC 7319. Under DC 7319, severe irritable colon syndrome, with diarrhea, or alternating diarrhea and constipation, with more or less constant abdominal distress, warrants a 30 percent rating. Moderate irritable colon syndrome, with frequent episodes of bowel disturbance with abdominal distress, warrants a 10 percent rating. Mild irritable colon syndrome, with disturbances of bowel function with occasional episodes of abdominal distress, warrants a noncompensable (0 percent) rating. 38 C.F.R. § 4.114, DC 7319. Under DC 7332, for rectum and anus, impairment of sphincter control, a noncompensable rating is assigned for healed rectum and anus or slight impairment of sphincter control without leakage. A 10 percent rating is assigned for constant slight impairment of sphincter control or occasional moderate leakage. A 30 percent rating is assigned for occasional involuntary bowel movements or impairment of sphincter control necessitating the wearing of a pad. A 60 percent rating is warranted for extensive leakage and fairly frequent involuntary bowel movements. A 100 percent rating is warranted for complete loss of sphincter control. 38 C.F.R. § 4.114, DC 7332. "

https://www.va.gov/vetapp18/files3/1813052.txt

 

"Now, in 2019, a new doctor said I do not have Crohns and no doctor can identify what is causing the loss of sphincter control hence their inability to treat it."

A "New doctor" being one who just got out of medical school?

Was this a result of a C & P exam?

If so have you googled the doctor to see if they had any ability at all to opine on this?

"I will have surgery for it." What is the new diagnosis?

"Can my active appeal be amended (it is on the docket) and make the loss of sphincter control a primary condition rather than a secondary condition instead of filing a whole new claim with a new effective date?"

I certainly feel that, since your appeal is on the docket, you should try to obtain an IMO/IME- an independent review of your inservice SC, by a real doctor. I assume that would be a gastro endocrinologist. 

[Berta]

Forgot to add, and send copy of the IME directly to the BVA under the docket # they have assigned.

This concerns me.

"Now, in 2019, a new doctor said I do not have Crohns and no doctor can identify what is causing the loss of sphincter control hence their inability to treat it. I will have surgery for it"

If they dont know the cause -what kind of surgery could they possibly do?

Sorry for the pun but I think the "new" doctor had their head up their butt when they said you did not have Crohn's.

I am sure you have googled Crohn's disease  and learned that loss of sphincter control is often most definitely secondary to it- even the VA knows that , and that is why it is in the diagnostic code regulations, as in above BVA case.