38 CFR 3.156 c

[Fat]

Opened a Knee Claim (Laxity) in 2003 originally; however denied.

Filed a Supplemental claim in 2019 citing CFR 156.C.

Found a complaint of Knee (Looseness) in military medical records.

The record wasn't used or listed in 2003 denial.

Knee was approved in April 2020 at 10%.

EED is December 6, 2019.

If the EED is appealed and won( EED set at 2003).

Will the 10% backpay go back to 2003 or does the 2003 EED have to show symptoms to justify 10% rating at that time.  

Edited July 2, 2021 by Fat

[pacmanx1]

Fat, to get retro pay or back pay to 2003, your medical records would have to prove that you had symptoms back in 2003 when you originally filed. 

[broncovet]

Pacman is correct.  Your effective date is the later of "facts found" (the date the doc said you had symptoms) or claim date.  

Go ahead and give it a shot, I have not read you medical records or cfile.  

Once SC you are rated on symptoms, not treatment.  

[Fat]

Thanks for all replies.

In lieu of 3.156 c establishing EED back to 2003.

The actual rating would have to justify 10% back in 2003.

I thought that was the case, but wanted more imput in the matter.

[broncovet]

Correct, Fat.  As an example, you may have injured your knee is service, but it really did not start giving problems until 2019.  

As always, the effective date is the later of the claim date or facts found.   So, in this example,  if your knee issue "had no symptoms" from 2003 to 2019, your effective date for 10 percent would be 2019.  You dont get paid for "asymptomatic" injuries.  In other words, if your knee causes no problems, for the period 2003-2019, expect the VA not to pay you for that period.  

There is something called a "Fenderson" aka staged rating.  This often happens when its a long period until VA approves you.  

A staged rating may look something like this:

a. 2003- 2008 knee issue 0 percent. 

b.  2008-2012. knee issue 10 percent.

c.  2012-2019 knee issue 30 percent.  etc...

    (all of the above would need to be consistent with what your doctor describes your symptoms, and how that meets criteria under the rating criteria).  In other words your knee could have gotten worse over time, and ran through several rating criteria, resulting in a staged rating, as above.  

[Fat]

Thanks BroncoVet.........