Has C&P ever resulted in s/c contentions not filed for?

[Navy4life]

I am curious if this has happened to anyone?  Has anyone ever gone for a C&P exam for a specific claim and been awarded additional s/c for other contentions not filed for?  The reason I ask this, is b/c my exam yesterday for increase to my L ankle, the doctor made a lot of notes to include measurements of my scars (not requested) as well as other notes regarding my foot and toe and my other foot (which is in appeal status).

Thoughts?

[flores97]

Navy4life, I believe absolutely, in fact if I'm not mistaken, that's what they should be doing. I have most often seen what they call "inferred claims" pointed out by BVA when someone has an appeal in. For example, they might say "the issue of fibromyalgia has been raised by the record", that means that they read in the vets treatment records that they have fibromyalgia but have not applied for it, so the VA initiates the claim. It is rare for that to happen, but it does happen. I think Navy04 had some experiences like that, but the bottom line is yes, even if you didn't apply for something, if the c&p examiner notes other issues they believe are connected to service the VA should initiate a claim for you on those conditions. Good Luck!!

[Navy4life]

Flores;

thank you for responding.  so if there are contentions that should be s/c, after the C&P exam is read by the VA, they would then add those to the already existing claim or would that be a totally new claim? The reason I ask, is the fact that this is an FDC claim I filed....

Maybe Nave04 will come along LOL and give me some insight...

[broncovet]

YES!  However, you should likely apply for the benefit identified at the C and P exam.  File an "intent to file" for the condition identified on the  C and P exam.  

[Navy4life]

Broncovet

i am not sure I would know that info until I receive a copy of the C&P. I had mine at a QTC facility so not sure when I would see it. Would the rated not see it and take it upon them self to do it?

[broncovet]

The VA sometimes takes it upon themselves to do this, but, I dont feel real comfortable trusting my family's finances to the benevolence of some VA employee, especially when they dont really treat Vets with that much benevolence.    That is why I would be proactive and make sure its done, and not count on a VA employee to do it.  

[Navy4life]

Totally agree but without the CnP exam I in the dark. I would have to wait until I can get ahold of them.