Can A Claim Be Decided With More Than One C &p

[rdnkjeeper]

I had a C&P for my back 2 years ago, when I got the rating decision there was no change in my back. Now I had another C&P for another issue about a year later and the big wigs had the doctor redo the back portion also. This C&P shows that my back has gotten worse. When I appealed the decision I asked them to look at the new C&P.....Someone said that an issue can only have 1 C&P....is that correct? Or I can I use the new one?

Thanks

[LarryJ]

You are entitled to use any and all evidence to put forward your claim. And, certainly you are entitled to use evidence gathered by the VA. You would be remiss in not doing so and the VA would be remiss in not considering such evidence.

[rdnkjeeper]

Thanks Larry!!!!

[JamesBreckenridge]

I take all the (relevant) evidence I can get. If you're already service connected for something, and there's an exam that's within a year old that covers your condition, I'll just use that one. But if for some reason you've got a C&P exam that shows an INCREASED evaluation is warranted for your service connected condition, I would absolutely use that exam to grant an increase. Not only that, your effective date would be the date that VA records showed the increase was warranted.

Example: Adam is service connected for his back. On January 1, he files a claim for a knee. On February 1 he gets a C&P exam and the examiner examines not only Adam's knee, but his back as well. Let's say Adam's range of motion of his spine is forward flexion between 30 and 60 degrees, which warrants a 20 percent, where previously Adam was only receiving a 10 percent for painful motion or range of motion between 85 and 60 degrees. On September 1, Adam files a claim for increased evaluation for his back condition. On November 1, the claim lands on my desk. I would grant an increase to 20 percent, with an effective date of February 1, because Adam was already service connected for the condition and that's the date that an increase was warranted on a facts found basis.

Effective dates are tricky. There's a lot more to it than that.

But generally, to answer the main question, a rating specialist wants the best, most recent, and most accurate evidence they can get their hands on. We CAN rate on a year-old C&P exam, but that doesn't mean we MUST do so.

[halos2]

I know JamesB is a VSR but just wanted to pipe in I had a claim decision made when 2 C&P's were done during the same time period.

[rdnkjeeper]

Thanks Everyone!