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?

[Vync]

Navy, you asked a great question... I am reworking my response and will repost below in a while...

Edited February 5, 2016 by Vync
Clarification

[Navy4life]

Vync;

I am wondering if the VA is obligated to rate the disabilities found during the C&P exam?  From what I hear, if your claim is for "A" and the C&P examiner finds "B, C, and D" you have to file a claim for them.  I have also heard where raters have s/c the contentions NOT originally filed for b/c they came up during the C&P exam.

I am going to be very curious about my C&P exam for the increase to my L ankle b/c the C&P examiner did things I was curious about and I asked.  "Why are you measuring my scars", she said, "so I can note them in my report.  I also asked her why she was "focused" on my right foot, which is not S/C but in the appeals process.  She said she wanted to make sure she documented everything.  We had quite the discussion regarding the exam at present as well as my upcoming DRO review hearing.  She further went on to say my feet/ankles were a lot of issues for me and that I suffered numerous injuries as well. Another we discussed regarding my L ankle, was the fact that I had a Talar Hawkins Type I fracture to it but that she felt it was never properly treated.  I told her  I was put in a cast for 8 weeks and that was it.  She asked, was there any therapy, I said NO.  We then discussed the surgery I had to my L ankle/toe in June and she asked if it had helped and I said no, because my fall in December was a direct result of the L ankle.  I did tell her that my toe was not S/C and that too was in my upcoming DRO hearing.  She said, "really", it's not S/C.  One other thing is I asked her what a Goinometer was and she told me it was the measurement of ROM.  Which might I say she almost forgot to have me sign the paper stating she did the test.  She was NOT able to do three repetitive tests on my Left foot/ankle because of the pain and she noted she was not able to do the right foot for comparison b/c of the non-weight bearing status.  She told me she would note everything and she took a lot of notes!  She said my podiatrist was also very thorough and she saw his letter in the computer for my upcoming DRO hearing indicating the L ankle is a DIRECT result to my right foot fracture in December. doctor letter_Redacted.pdf

So back to the topic, I think she is going to have other contentions in the report that she is finding should warrant S/C but like I asked originally if that happens do I initiate or does the rater do that?  Is it a good rater that picks up on that?

Edited February 5, 2016 by Navy4life

[Vync]

I read about them measuring your scars. I'm not an expert on scars, but either the examiner was being very thorough or possibly may have been documenting findings for a new secondary condition.

Physical therapy is not always required after a surgery. When I had shoulder surgery, it was. When I had carpal tunnel surgery, it wasn't. I can indeed tell you that all physical therapy is not created equal. My private physical therapist used a goinometer all the time, logged every number, and was able to chart my progress from visit to visit - they were high tech! When I went to the VA, they never used it.

Was this C&P for an initial claim, an increase, or was it remanded by the BVA?

I'm going to rework my previous post, clarify it, add references, and post it below in a bit. It might help answer some of your questions.

[Navy4life]

2 minutes ago, Vync said:

I read about them measuring your scars. I'm not an expert on scars, but either the examiner was being very thorough or possibly may have been documenting findings for a new secondary condition.

Physical therapy is not always required after a surgery. When I had shoulder surgery, it was. When I had carpal tunnel surgery, it wasn't. I can indeed tell you that all physical therapy is not created equal. My private physical therapist used a goinometer all the time, logged every number, and was able to chart my progress from visit to visit - they were high tech! When I went to the VA, they never used it.

Was this C&P for an initial claim, an increase, or was it remanded by the BVA?

I'm going to rework my previous post, clarify it, add references, and post it below in a bit. It might help answer some of your questions.

this was for an FDC claim for L ankle Increase (10% now) along with MH increase for PTSD/MST; Eating Disorder; and 100% temporary convalescence leave......

[green]

From what I've read the VA can add and award ratings for conditions not claimed.  I'm not sure I would add additional claims at this point as it will delay what is involved in your current claim.  You could start an intent to file (just to secure the date), and utilize the current C&P as medical evidence when you do file.  When I had one of my C&P's the NP noted I was depressed and gave me a number to call in case I wanted to submit a claim as secondary to pain (and the realization my health is deteriorating).  I decided to let my current claims work thru the process first.

[Navy4life]

8 minutes ago, green said:

From what I've read the VA can add and award ratings for conditions not claimed.  I'm not sure I would add additional claims at this point as it will delay what is involved in your current claim.  You could start an intent to file (just to secure the date), and utilize the current C&P as medical evidence when you do file.  When I had one of my C&P's the NP noted I was depressed and gave me a number to call in case I wanted to submit a claim as secondary to pain (and the realization my health is deteriorating).  I decided to let my current claims work thru the process first.

Green;

Totally agree with you!  I am not even sure I will have additional contentions, it's just something I thought about after my discussion with the examiner yesterday.  I think it's possible but again, I don't plan to do anything b/c this is an FDC claim and I am not going to push the envelope.  I should be done soon with the FDC claim since I had the C&P exam.  I would be surprise if it goes past 90 days.  I just filed the claim 1/12/16 and had my C&P exams yesterday.....