Unclaimed Claims

[Ricky]

If you attend a C/P for one issue and the doc also opines/comments on an issue that he or she finds which is secondary to an already SC issue does the RO have a duty to go ahead an award SC for the secondary issue without you having to file a claim.

Example: Vet has C/P for a left hip injury which is not SCed at the time.

During C/P doc opines that he does not see any connection to service and the left hip injury. However, the veteran is having a problem getting in and out of a chair and bending beyond 45 degrees due to extereme back pain stemming from the L5 area which is more than likely connected to the right hip injury.

Now the vet did not have a claim in for the back at the time so it is unknown why the doc commented on it. However, I remember reading somewhere that if the VA becomes aware of evidence that discloses a SC condition while reviewing the file they are to open/award a claim. Is this true or am I just losing my mind.

I don't need anyone to spend any time doing my research for I am still researching the issue, just if you know the answer from the top of your brain it would be greatly appreciated.

[Boats]

Good questuion exactly waht happened on my claim, had a C&P 2/28/2007 Doc did whole spine, had in for cervical increase. The xray I sent in Jan when filing claim was for whole spine showed Pars Defect and other lumbar problems. When I called 1 800 in May they said it was listed as an issue Lumbar strain. But just recieved rating decision with increase for cervical but no mention of any Lumabar strain, I did file for it though day after getting decision, had injured in 1990 on Active Duty and was placed on bedrest for two weeks. Submitted copy of smr and most recent mri.

Guess somtimes they will and somtimes they won't.....LOL

Boats

[stillhere]

When I went in for my first cp for the diabetes 2 they gave me a complete once over and exspecially the prick of my feet. When I got my award letter they had given me 10% each foot for PN.

Stillhere

[Ricky]

Still - glad to see the system does work in some places. I will find the rule, law, regulation that I need and attempt to make it work in my area.

[saltydawg]

i put in a cliam for tinnitus and i got 10% for tinnitus and 0% hearing loss and i didn't file for hearing they just gave it to me.