Bva Remands And C&p Exams

[Vync]

Sometimes veterans have a C&P exam, but the results may include diagnosis of additional conditions not originally part of their claim. When asking if the additional conditions could be part of a new claim, the response usually is to file a claim for the new condition and if the claim is won, the effective date would be the date they filed, instead of the original C&P exam date where it was diagnosed.

Please take a look at the following BVA C&P exam remand instructions:

Do a general medical to determine the nature and extent of all other alleged disabilities. The examination should include an evaluation of, but not limited to, the above mentioned disabilities. The examiner should be requested to assess any and all disabilities present and render an opinion as to whether they are etiologically related to service.

Does this literally mean the BVA specifically instructed the C&P doc to evaluate every possible disability, regardless of whether they are included in the claim, and then opine if they are service connected?

Would the effective date be the date of the exam or the later date when the claim is filed?

If the doctor diagnoses a condition, what are the ramifications if the doctor did not opine regarding SC like the BVA requested? Would this imply a claim? Would they need to file a new claim? etc...

[Chuck75]

In theory, the VA is required to look at all things identified by the C&P exam as potentially service related. In practice, it's often a far different story. As to the EDD, the date of the original claim causing the C&P "should" be used, assuming the conditions existed at that time.

Sometimes veterans have a C&P exam, but the results may include diagnosis of additional conditions not originally part of their claim. When asking if the additional conditions could be part of a new claim, the response usually is to file a claim for the new condition and if the claim is won, the effective date would be the date they filed, instead of the original C&P exam date where it was diagnosed.

Please take a look at the following BVA C&P exam remand instructions:

Do a general medical to determine the nature and extent of all other alleged disabilities. The examination should include an evaluation of, but not limited to, the above mentioned disabilities. The examiner should be requested to assess any and all disabilities present and render an opinion as to whether they are etiologically related to service.

Does this literally mean the BVA specifically instructed the C&P doc to evaluate every possible disability, regardless of whether they are included in the claim, and then opine if they are service connected?

Would the effective date be the date of the exam or the later date when the claim is filed?

If the doctor diagnoses a condition, what are the ramifications if the doctor did not opine regarding SC like the BVA requested? Would this imply a claim? Would they need to file a new claim? etc...

[Philip Rogers]

I'm going to disagree w/Chuck75, in that I feel they would use the date of the C&P exam, as the date for the additional disability(s). The way the VA operates is not to give the vet any more than necessary. Since it wasn't claimed, I believe they would use the first discovered date. jmo

pr

[carlie]

Please take a look at the following BVA C&P exam remand instructions:

Do a general medical to determine the nature and extent of all other alleged disabilities. The examination should include an evaluation of, but not limited to, the above mentioned disabilities. The examiner should be requested to assess any and all disabilities present and render an opinion as to whether they are etiologically related to service.

Does this literally mean the BVA specifically instructed the C&P doc to evaluate every possible disability, regardless of whether they are included in the claim, and then opine if they are service connected?

IMO - the disability, if not claimed would need to easily present itself to the examiner.

Example, if the examiner had no reason to check for diabetes then of course they wouldn't even check for it.

For an examiner to literally "evaluate every possible disability" they would have to run the claimant through

weeks of diagnostics, many, many tests, CAT scan, MRI's, full blood panels for each different item possible

So IMO this would be limited in scope.

Would the effective date be the date of the exam or the later date when the claim is filed?

IMO - if an additional disability was diagnosed during the C&P, that could be the effective date, or the VBA could send the claimant

a form to fill out for an additional claim - IF THEY VIEW THE FINDINGS AS AN INFORMAL CLAIM,

or the claimant could read it on the C&P and request an increase for the additional disability themselves.

Could be many different things.

If the doctor diagnoses a condition, what are the ramifications if the doctor did not opine regarding SC like the BVA requested? Would this imply a claim? Would they need to file a new claim? etc...

IMO - Again it could be several different outcomes - if the examiner provides a diagnosis with no nexus

BVA would most likely do a remand.

[Vync]

The C&P general exam doctor likely made the diagnosis based on answers to questions like 'so, what else is bothering you?' The condition is mentioned by the patient. The doctor examined and noted a diagnosis.

Regarding the effective dates, I checked § 3.400 Effective Dates but do not see any regulation which which apply to this situation. For example, with claim increases, the EED can go back 12 months. But for new claims, it says date of receipt of claim or date entitlement rose, whichever is later.

Yes, the examiner did provide a diagnosis without a nexus.