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Secondary condition effective date

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add55p

Question

Hello All,

If a secondary condition was awarded on the same original effective date of the primary condition, would the secondary condition also receive an earlier effective date, if one is award for the primary condition.

Example: Initially awarded shoulder rating as the primary condition and rotator cuff as the secondary condition with the same effective date (2012). And in 2021 BVA granted a revision of the 2012 rating decision for an earlier effective date.

Will the secondary condition also receive the earlier effective date?

Thank you..

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  • Moderator

To repeat:  A DIAGNOSIS is only part of it (to establish service connection).  The symptoms determine disability percentages.  SYMPTOMS can get worse or better over time.  I dont know your history, so I dont know when the doc said you have symptoms meeting the criteria.  

If you want to know, you will have to read your cfile to find out.  

3.156 C makes a difference if you were denied based on missing evidence in your service records that VA later found, which can mean an EED.

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  • HadIt.com Elder

When we go see the VA Doc's  they are suppose to write out a medical report each time you see them for appointment or E.R THEY CAN MAKE A Diagnose and write up something about your condition.

 when we file a claim, the VA will usually send you to a C&P Exam they send this C&P EXAMINER YOUR MEDICAL RECORDS and ask them to read them and give there medical opinion on your symptoms or medical condition.  they have these boxes to check.. (DBQ)so you can get the reports from your VA Dr's and compare the reports   the main one would be the C&P Examiner Report,  you need to know what he/she puts in his report....but do get your VA Medical records also  compare  some times this will help you to get all your benefits and the percent ratings to be correct..other wise  the C&P Examiners may low ball your rating...they rate like broncovet mention they rate according to your symptoms and the severity of them.

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  • Content Curator/HadIt.com Elder

@broncovetIt looks like the version of 38 U.S. Code § 5110 you posted is relatively recent because it mentions "supplemental claim". @add55p indicated the first diagnosis of the secondary condition was 2010. If an error was made, would it recommended for him to look up the version of 38 U.S. Code § 5110 that was in effect at that time in conjunction with any other laws/regs pertaining to inferred and/or informal claims?

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