C&p Diagnosis

[Reddit]

If the C&P examier dignosis you with condition as things for example: anemia asthma, migraines, concussion and etc., on your inital claim five months after separation from the miltary., How does this inpact your claim. are you service connect for this, or this just a diagnosis or does this fall under the(with in one year of military) presumption disease or diagnosis

Reddit

[Hoppy]

It is within the presumptive one year period. However, if you did not complain of these symptoms in the military they may deny the claim even though the reported symptoms would meet a compensatable rating on the schedule. The reason for such a denial is that the C&P examiner may not have said that the symptoms are chronic. There needs to be an established pattern of chronic symptoms. As time goes on and if the symptoms persist appealing or re-filing and submitting new evidence showing that the conditions are in fact chronic would be an option.

[Reddit]

HOPPY

what if they are at a compensable rate at the time of the exam. Do you get service connected for these things?

[Hoppy]

The symptoms must be chronic. One exam does not establish chronicity unless the doctor specifically supports that the condition is a chronic condition by history or medical principals. I have seen the VA deny claims even when the doctor says the condition has no known cure. They want to see chronicity of symptoms in service or continuity of symptoms after serve as explained in the pasted information below. You are talking about three differnet conditions that may invole different medical principals. I have seen veterans denied becuase there was a report the concussion symptoms resolved and were not chronic. Only when there are permanent residuals of concussion syndrome will the service connect. The anemia and asthma symptoms may or may not be chronic. The fact that the symptoms started in the presumptive period or while on active duty will be considered in the long run.

If you had a head injury after the military that caused the concussion syndrome and no head injuries in the military my guess is that when you get the descision they will say it is not related to service.

Below was pasted from VA manuals

(b) Chronicity and continuity. With chronic disease shown as such in service (or within the presumptive period under §3.307) so as to permit a finding of service connection, subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes. This rule does not mean that any manifestation of joint pain, any abnormality of heart action or heart sounds, any urinary findings of casts, or any cough, in service will permit service connection of arthritis, disease of the heart, nephritis, or pulmonary disease, first shown as a clearcut clinical entity, at some later date. For the showing of chronic disease in service there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time, as distinguished from merely isolated findings or a diagnosis including the word “Chronic.” When the disease identity is established (leprosy, tuberculosis, multiple sclerosis, etc.), there is no requirement of evidentiary showing of continuity. Continuity of symptomatology is required only where the condition noted during service (or in the presumptive period) is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim.

[Reddit]

Hello, hoppy Bach from my c&p exam today. I had it on sinus,gerd,migraines,anemia.

My claim was for early effective date for gerd and sinus. But the funny thing the c& p was for everything that I am currently rated for.

The pa just wanted me to tell them what happen when I was first diagnosis on AD. And she also was telling me what I had said at the C&P exam back in 2010. But the funny thing is that she didn't do any rays,no upper gi for hiatial hernia or any other test be sides drawing my blood for anemia. And if I had one in the system that was less then a year old she would have use that.

So have anyone heard of this type of C&p test.

She also said that she Was Not There To Diagnose me because I have already been Diagnose

[tanker2]

make certain you get copies of the reports and store them in a safe place for future use if necessary...good luck red