Va Duty To Consider All Conditions In Claim

[12R3G]

I know I read this here...I just can't figure out what combination of keywords to find what I'm looking for.

Isn't there something written (USC, CFR, VA Policy) that the RO must consider everything either brought up in the C&P or in the SMR (at least during the Original Claim adjudication)?

My situation is that in my SMR there is evidence of periphrial neuropathy in my left are/hand. I'm pretty sure this was discussed in my original C&P (waiting for C-File, probably a year out--they are only up to Oct 2008 ROIs). It came up again a recent C&P for a different issue, and in the rating decision, the VARO asked me if I wanted to file a claim (well, duh?).

Pretty obvious that the C&P establishes a informal claim date--but could this go back to the original claim since it was overlooked?

Thanks for your help...

Edited September 22, 2009 by 12R3G

[broncovet]

Retired...

The courts have ruled, for example, that when a Veteran goes to his (VA) doctor, and tells his doc that he is unemployed, this medical exam constitutes an informal claim for the benefit of TDIU, but the Veteran is required to submit a formal application within a year.

In practice, dont count on this medical exam being considered an informal claim. Go ahead and submit a formal claim, but cite in your formal claim that you already informally applied through your doctor.

That is, even tho regs require the VA to give attention to all informal claims, the reality is that they dont always do this. Even tho you will likely have to appeal, the courts are on your side. That is, the VA cant just ignore an informal claim and get away with it. They do it, then hope the Veteran wont appeal, and in many times that works. The VA gets away with as much as the Vetran will allow, knowing well that many Veterans do not know the laws. They frankly count on Veterans ignorance of the laws, and that usually serves them well. However, many of these hadit members especially are far from ignorant, and sometimes know the laws much better than rating specialists.

To increase the chance that you may win your claim on the first go around, dont count on the VARO to "notice" your informal claim. You see, there are no penalties for anything the VA does..they can violate the law, and the only one to pay the penalty for their regulation violation is the Veteran. The Veteran is the one who's claim will be delayed and he will have to appeal it for years, when it was the Va who made the mistake. They can just keep on repeating their mistakes indefinately...without penalty.