Will a Positive C&P Serve as a Current Diagnosis?

[HONDOII]

Was recently asked this by a fellow vet/friend and couldn't find an adequate answer.  If a claim is submitted several years after service with STRs but no current treatment records or diagnosis and a C&P examiner provides a POSITIVE nexus, will it count as meeting the "current diagnosis" criteria and fulfilling the pillars for service connection?

 

Example: Seen for neck pain in service, claim filed several years later only referencing service treatment records (no private medical records or diagnosis) C&P examiner states current neck pain at least as likely as not related to event in service.

Edited July 3, 2019 by Mrpdbo

[ShrekTheTank]

So what do you mean by a C&P rater giving you a nexus?  

If you mean they gave you a positive exam then it will help but you still need a doctor to give you a medical diagnosis or they will just deny you. 

[HONDOII]

29 minutes ago, shrekthetank1 said:

So what do you mean by a C&P rater giving you a nexus?  

If you mean they gave you a positive exam then it will help but you still need a doctor to give you a medical diagnosis or they will just deny you. 

So, from my understanding, the C&P examiner stated that their neck pain was related to the in service event and put the diagnosis ICD code on the DBQ.  Are you saying they need to go see an additional doctor (private or VA) and get neck pain diagnosed for the C&P exam to count towards a rating?

Edited July 3, 2019 by Mrpdbo

[ShrekTheTank]

The examiner is not a doctor. The va will let you run through all the hoops then  deny you   

[HONDOII]

2 minutes ago, shrekthetank1 said:

The examiner is not a doctor. The va will let you run through all the hoops then  deny you   

Can you elaborate on this?  His QTC appointment states that the examiner is a general medicine practitioner, M.D. of 27 years with 5 years C&P experience.

[ShrekTheTank]

Yep and that is great, but that does not mean he diagnosed you with the condition.  Now I am not saying the rater could not just give you the link off of what he put in there, but the VA loves to play these games with people so they can delay you from your benefits.  

Kinda like going to PTSD.  You can have all the records from a private doctor, but until you see a doctor at the VA and they say you have it then you don't.  

[HONDOII]

17 minutes ago, shrekthetank1 said:

Yep and that is great, but that does not mean he diagnosed you with the condition.  Now I am not saying the rater could not just give you the link off of what he put in there, but the VA loves to play these games with people so they can delay you from your benefits.  

Kinda like going to PTSD.  You can have all the records from a private doctor, but until you see a doctor at the VA and they say you have it then you don't.  

I'm assuming this is the form used for his neck evaluation:

 

http://www.vba.va.gov/pubs/forms/VBA-21-0960M-13-ARE.pdf

 

In the "Notes" section above 1B, it states that the examiner must check the proper diagnosis derived during the examination. It then requests the ICD diagnostic code and the date of diagnosis. Isn't this the examiner providing a diagnosis?

 

Is there something you're referencing that provides clarification on what a C&P exam actually accomplishes?  Based on what you're saying, then even I have misunderstood the entire process.

 

 

Edited July 3, 2019 by Mrpdbo