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Q. I need some insight on secondary claims.
Sooooo I am service connected for fibroids. Granted oct 2017; However, at the advice of my VSO I filed secondary claim for anemia two years ago (Nov 2015) even though I was not yet svc connected for the first. (This is an appeal so my vso figured filing secondary would be smart – help to cut down on wait time.)
Turns out my secondary claim Was denied because of no svc connection for first.
last month, after almost 8 years on appeal, I was granted service connection. So I quickly reopened the anemia (secondary) claim. It was also granted. I am still waiting to hear what rating I will get. ?
The question is will I get retro for the first date I filed for anemia (nov 2015) or will they only consider my effective date to be Oct 2017 since that’s when I was initially granted service connection on first condition?
A. They might give you the date you re-opened the anemia claim.
Or the date they felt the medical evidence ( maybe the last C & P exam you had for this condition,) warranted a rating and award. Or the same date as they gave for the EED for the granted claim
But I am confused by the words” re opened”….because you filed in 2015 and then was the anemia claim was awarded…recently—-it usually takes VA 2 years to even begin to “re-open” a claim…
You asked a good question. When the decision comes, can you scan and attach it here- as to their rationale for the SCs awarded , the evidence list, and the EED they gave you for the anemia.Cover your C file # and name prior to scanning it.
Since VA granted, I assume the EED as a secondary, should be the same EED as the Prime condition of fibroids…but not sure at all how VA will handle this …….they make MANY EED errors.
What was in appeals for 8 years? I see the fibroids on the 2010 claim – I assume that date ( if this 2010 claim was continuously prosecuted by you- and it appears that it was , the 2010 claim might be your EED. ) 12/16 / 2010. (for the fibroids) but the status thing says 12/1/ 2012 as the fibroid EED….what happened to the other 2 years? maybe they felt it was only “0” SC from Dec 2010 to Dec 2012.
Then again the older decision does reveal the anemia claim as NSC in Dec 2010 and it is now SC.
If they rated it at least at 10% on that older rating sheet, you might have CUE potential.
But the decision you expect will reveal more…….
Any vet getting SC for the same condition that had been denied in the past should always seek whether a CUE occurred in the past decision.
If the rating was at least at 10% (or should have been based on the medical evidence they had) and it was denied- it is just common sense that many NSC conditions become SC eventually , when we fight them, and those conditions also usually get worse ,than they were when Veterans Affairs first denied the older claim for the same condition. – Berta Simmons