Va Examiner Notes Additional Conditions In C&p Examination

[MarkInTexas]

Howdy All,

It's been a while since I've been on here, and I wanted to share that I finally got my C-File copy that I requested way back in February of 2013. I ended up finding the military and civilian medical records of four other individuals tucked inside, about 89 pages worth, and found that a majority of my own SMR's and civilian medical records were missing. I'm working on that through my appellate process, and I'll keep y'all posted. It does look like the C-File is missing most of my separation physical examination testing and report documentation though. I was able to reconstruct a bit with copies that I had and have since forwarded on to the VA, along with a lot of personnel documentation that wasn't in the file either.

However, the thing that intrigued me was that I finally was able to read what my VA examiner, a medical doctor (retired USAF Colonel) working for the contract company Veterans Evaluation Service had provided in my C&P examination report. This particular examination was for service connection for Mononucleosis, incurred while on duty.

I noted that he did service connect the Mononucleosis infection on my DBQ, advising that the first sign occurred while I was on active duty. However, he goes on to state that while I show no "active" signs of Mononucleosis, the resulting Epstein Barr Virus (virus that causes infectious Mononucleosis), has caused residual conditions of Chronic Fatigue and "recurrent viral symptoms and infections".

He even went so far as to add my other claimed condition, Hodgkin's Lymphoma as a secondary condition to the Mononucleosis (I have a NOD already filed on this, along with the Mononucleosis and Epstein Barr Virus residuals.)

I believe the rater probably went with the "no evidence of active Mononucleosis" and denied. On the Hodgkin's Lymphoma and Epstein Barr conditions, the rater stated that there was no record of Mononucleosis in service, which even the VA examiner noted was present. (Which now that I have copies of my SMR's in my C-File, I know that evidence of diagnosis was present and available upon rating.)

I've picked up the football with a medical opinion letter from my oncologist, linking my Hodgkin's Lymphoma condition to Mononucleosis and Epstein Barr infection, so I'm working on that. However, here's my question:

Should I go ahead and file a new application on the Chronic Fatigue and "recurrent viral symptoms and infections" conditions right now? Or wait?

I already have claimed conditions that are in NOD for joint pain, sleeplessness and sinusitis. Would these cancel each other out with a Chronic Fatigue or "recurrent viral symptoms and infections" claim?

Also, because he diagnosed these conditions on my Mononucleosis DBQ, will the VA trash them immediately?

Any thoughts or advice would be deeply appreciated. Have a great weekend!

Mark

Oh yeah....and when people on here say to get your C-File copy first before starting on this adventure......DO IT! I wish I had saved myself the years of waiting and stress by requesting my copy at the onset.

Edited August 3, 2014 by MarkInTexas

[MarkInTexas]

VetlawUS,

Thanks for the information! Now when filing another claim on inferred conditions, I wonder if I should include all documents all over again, or just cite the documents that I know are in the C-File? (Or at least were there when I received my copy of it)

I wouldn't think that the VA would create a new C-File for every new set of claims that come in.....would it?

Thanks again!

Mark

Edited August 9, 2014 by MarkInTexas

[john999]

The VA will create a temporary file for your new claim if your C-File is in D.C. awaiting BVA Review or Hearing. Many vets have claims at different stages of development. You could have a claim at Court of Vet Appeals and file a new claim at VARO. The VA does not wait until your Court case is finished to begin work on your local VARO claim. If they did nothing at VA would ever move. Now if you have multiple claims at the VARO they may wait and then rate them all together at one go. They have done this to me.

John

[MarkInTexas]

John,

Thanks for that information. Mine is still sitting at the Houston VARO. I'm still in the NOD phase, with no SOC issued yet. I have received a couple of letters from the VA trying to obtain more civilian medical records, so I guess they are still piecing things together on some of my denied claims. At this point, I don't know what they are doing.

I wonder if it will make things even crazier if I add those additional inferred conditions, and request that the denied conditions be reopened. A couple have new evidence I have sent to the VA over the past two weeks, including SMR's from the NPRC. (The VA never had them in my C-File, and apparently rated me with out them. Truthfully, there were a few pages of isolated records, including my Mononucleosis diagnosis, but not the entrance physical examination, nor the exit examination, and no sick calls, or treatment for strep throat, etc. I'm not claiming the strep throat, but that was one of the particular incidents among many that I remember that they have no records in their file.)

Is it beneficial to keep it active at the VARO level if new evidence is introduced prior to an SOC being issued? (Even if I'm outside the year of the initial rating date?)

Mark

Edited August 10, 2014 by MarkInTexas

[Andyman73]

One thing I did right was to copy my SMR, while going through the EAS transition process. My Dad told me if I don't remember anything he said, or any advice he gave, I must remember that! And I did. As far as my C-file, I requested it just last week. So...I hope to see the ammo needed to continue my fight with renewed vigor!

Semper Fi.

Andy