Secondary condition back pay?

[allansc2005]

Got a veteran who is TDIU P&T who won 10% claim for tinnitus as a secondary condition to bilateral hearing loss, dated 

 

The original hearing loss connected to the above award was dated 11/20/1990 and read "Hearing loss right ear" rated as 0%

 

In this newest award it reads "Tinnitus secondary to bilateral hearing loss(previously rated as hearing loss, right ear 0%) 10% dated 11/18/2019.

 

1. Did the VA moot the 11/20/1990 by mistake as the date the tinnitus should have been secondary to?

 

2. Can the veteran expect any retro, and how far back?

 

Thanks.

Allan 2-2-0 HUAH!

[ShrekTheTank]

Looks they gave him the old sneak sneaky and did not give the correct effective date.  

Did he file for tinnitus back in 1990?  Just because something is secondary does not mean it moves back to when the primary condition started.  When did tinnitus get requested from the VET?

When did their TDUI start?  As this will render any extra back pay as this would put them at 100%.  

Now if he has been appealing this since the hearing loss and it is before the TDUI then they could be looking at some back pay.  

 

[allansc2005]

@Shrek, no he didn't file for tinnitus back in 1990. He did file numerous times for hearing loss AFTER 1990, but was denied a higher rating than the original 0% from 1990.

 

The veteran was awarded TDIU P&T in 2016.

 

Allan 2-2-0 HUAH!

[ShrekTheTank]

When did he put in for tinnitus?  

[allansc2005]

@Shrek, 11/18/2019.

 

Allan 2-2-0 HUAH!

[ShrekTheTank]

As far as I understand it there would be no back pay for this.  

The appeal for the hearing loss would be only one they would back pay if he kept the appeal going from back then.

[Buck52]

I am not sure but I agree with Shrek  no back pay  it will  only be  (tinntus) awarded in 11-18-2019

Unless the regs have change  since my hearing loss and tinnitus awards back in 2002,?

Although I was service connected at 0% back in 1998 for hearing loss, and in 99 I put in for an increase on the word and recommendation of my Voc -ReHab counselor, I was increase to 50% hearing loss then but was still denied tinnitus, then I appeal it 2 years later won the tinnitus  but it was paid from the date I filed  but the Reason why is I applied for the Hearing loss only  I for got to mention the tinnitus, you have to tell the audiologist about the ringing in your ears   because there is no test for tinnitus  ,I failed to do that or apply for it, but they did pay me from 99 for the tinnitus 3 years retro    99 to 2002  I won the whole bottle of wax at a in person  DRO hearing with a rating specialist at my hearing at my Regional Office.   90% hearing loss 10% tinnitus  infer was the TDIU P&T.

Since then I have other service connected conditions and rated. 100%  with SMC  S & K

They should go by the date he first applied for the tinnitus...and get back pay from that date. (JMO)