Question:
I fell down a flight of stairs b4 i retired us army in 1998. I filed for my cervical ddd with trapezius muscle strain and muscle spasms and was awarded 40 %. The fall also caused lumbar spondylosis, which was not listed on my claim and only received 40% for my neck effective the day after i retired. I was ignorant of the different va ratings and believed the decision included my lower back until 2017 when i claimed my lumbar spondylosis and they granted me svc connection 10 % effecive in 2017. There are ct scans done back in 2002 that showed the diagnosis. Will the dro be able to change my effective date back to then or will he send it on to bva?
Jim's Reply:
The effective date of any claim is the date you file it. VA is pretty rigid in the enforcement of the claim date as the effective date and not the date of an onset of illness or the date of diagnosis, etc.If you fled a claim for 'lumbar spondylosis' in 2017 you will be paid retro to the month of filing and not the date of any diagnosis in 2002.