New Claim Based On C&p Examiners Notes

[BigDog]

My father applied for an increase in DMII for in March/2007.

He had a C&P exam in May/2007.

He received a Rating Decision in November/2007.

In the "Reasons For Decision Section" I closely read the reasons.

Under #3 "Evaluation of Neuropathy, Left lower extremity currently evaluated at 10 percent disabling" I found this sentence among the reasoning:

"You were noted to have hammer toes and claw toes; you were unable to bend or flex the toes. The doctor attributed this finding as being likely due to the neuropathy."

Under #4 "Evaluation of Neuropathy, Right lower extremity currently evaluated at 10 percent disabling" is states:

"Please see neuropathy, left lower extremity for the discussion and examination findings."

They denied an increase in severity for the neuropathy.

My questions are :

Should this be good enough to be considered an official diagnosis of Hammer Toes and Claw Toes / Claw Foot?

Is the examiners statement as to it being likely due to his SC neuropathy goos enough for a SC nexus?

Since the right is exactly the same as the left would this be bilatteral?

Should this have been automatically adjudicated as a claim "inferred or implied" as it was a VA examiner that diagnosed it?

Thanks in advance for reading and or replying!

[Berta]

It looks to me that the PN rating should have been bilateral-

does he have complete loss of use of his feet?

anything such as neuropathy-that a VA doc says is directly due to a SC condition can be rated as secondary.

I cannot post a link here- dont even know if this will post-

low cloud cover- so sattleite is messed up today-

but if you go to the BVA web site- you might find similiar cases and ratings- to help on this-

he might also be eligible for SMC if he has "foot drop" or has loss of normal use of feet.