Confused About C&p

[JayBrown1]

A friend of mind had a C&P exam today. He told me he had claims in for his knees, shoulder, back and blood pressure, but he said when he got to his exam the examiner told him his exam was for his knees only. Does that mean that the VA had enough information on the other issues to make a decision on them? Have anyone went through anything like this?

[LarryJ]

It could mean that the VA has enough medical evidence to make a decision on the other stuff.

It could also mean that some twit at the Regional Office only scheduled him for his knees when she shoulda scheduled him for his other orthopaedic stuff, also.

It also could mean that the VA has developed a new and inmproved method for stalling his claim i.e.

"OOOOPS, we are terribly sorry, we should have done the other ortho stuff....so we'll just have to schedule ANOTHER C&P......hmmmm....lessee, looks like the next opportunity for a C&P will be the second Thursday of the 6th week of July.

[carlie]

VA might be in the process of scheduling further and different exams.

VA might not be aware of the other claimed disabilities, they may have been overlooked,

or the claimant may not have been clear in their request.

Send an iris request, talk to VSO or go to RO and get it figured out.

jmho,

carlie

[luvHIM]

The bulk of my claim(s) for service connection hinge on my already service connected condition in that I have claimed them to be primarily secondary.

So, I recently had a C&P exam for "spine" only. However, although there is sufficient medical evidence to award the other claimed conditions I have listed as secondary, I don't believe it would have been the protocol of the RO to order exam's for the other conditions specified until they decide on the claim for increase of my already service connected condition and the condition I am requesting direct service connection for. I mean, it would be a waste of time to request C&P exams for everything before they make a decision on the condition(s) I have shown to be service connected. In short, if I'm denied service connection then whatever I listed as secondary to SC has no relevance.

That is just one other way of looking at what is going on. Unless, of course, he is claiming direct service connection for everything you named, then the secondary issue may not be of issue at all.

But I also agree with what has been previously posted as a reason for just doing an exam on the knees. One can never tell really what is going on at the RO.

[timetowinarace]

The bulk of my claim(s) for service connection hinge on my already service connected condition in that I have claimed them to be primarily secondary.

So, I recently had a C&P exam for "spine" only. However, although there is sufficient medical evidence to award the other claimed conditions I have listed as secondary, I don't believe it would have been the protocol of the RO to order exam's for the other conditions specified until they decide on the claim for increase of my already service connected condition and the condition I am requesting direct service connection for. I mean, it would be a waste of time to request C&P exams for everything before they make a decision on the condition(s) I have shown to be service connected. In short, if I'm denied service connection then whatever I listed as secondary to SC has no relevance.

That is just one other way of looking at what is going on. Unless, of course, he is claiming direct service connection for everything you named, then the secondary issue may not be of issue at all.

But I also agree with what has been previously posted as a reason for just doing an exam on the knees. One can never tell really what is going on at the RO.

I disagree. It is the "protocol" of the VA to examine the whole issue.

Sec. 4.42 Complete medical examination of injury cases.

The importance of complete medical examination of injury cases at

the time of first medical examination by the Department of Veterans

Affairs cannot be overemphasized. When possible, this should include

complete neurological and psychiatric examination, and other special

examinations indicated by the physical condition, in addition to the

required general and orthopedic or surgical examinations. When complete

examinations are not conducted covering all systems of the body affected

by disease or injury, it is impossible to visualize the nature and

extent of the service connected disability. Incomplete examination is a

common cause of incorrect diagnosis, especially in the neurological and

psychiatric fields, and frequently leaves the Department of

[[Page 346]]

Veterans Affairs in doubt as to the presence or absence of disabling

conditions at the time of the examination.

While this does not have to done in one exam, the VARO cannot (should not) rate without all necissary information.

Time

Edited October 30, 2007 by timetowinarace

[luvHIM]

I disagree. It is the "protocol" of the VA to examine the whole issue.

Sec. 4.42 Complete medical examination of injury cases.

While this does not have to done in one exam, the VARO cannot (should not) rate without all necissary information.

Time

Time,

Thanks for your inout. I don't doubt the aforementioned SHOULD be the "protocol" followed by the VARO. I am just speaking from personal experience. And, your pointing out this regulation is the very reason I have a claim pending an appeal right now. I was not afforded ALL of the exams necessary for the RO to base their decision nor did they take the entire medical record into consideration. But I'm not here to argue. I simply respectfully disagree with the assertion that the VARO always goes by the book when adjudicating vet claims. It is just simply not the case, which is why there is such a higher number of claims on appeal.

With respect to my post, I have a claim pending (in addition to the appeal). I know for a fact (from POA) claimed is being worked and should be ready to rate by 11/10/07. I have no other (pending) C&P exams being scheduled at this time. Now, it doesn't mean I won't have one scheduled if my claim can't be decided without an additional one. But as of right now the only one ordered and completed is the one that was requested for my spine. I will add that I receive continuous treatment for everyting claimed since 2003. So, perhaps there is no need for another C&P exam.

Which was the nature of this thread (C&P exam only covered knees), unless you were addressing me specifically. Best Regards.

[luvHIM]

But, Time, I do have one question.

If a vet files a claim of ENTILEMENT to service connection, then lists a number of conditions and or symptomes as secondary to the condition he/she is seeking service connection for, why do you believe the Rating Specialist would request a C&P exam(s) for the conditions listed as secondary when service connection hasn't even been established yet?