C&P Exam results automatically file for secondary claims?

[SH8541]

I am currently rated at 0% for chronic Achilles tendonitis and 0% for right foot injury. I have been going to my primary care physician and orthopedic doctor for years now to build up a case for increasing my disability. My orthopedic doctor did the DBQ form for feet and had me down for left foot  hallux rigidus and chronic Achilles tendonitis, right foot neuritis and hyperparathesia, and both feet chronic plantar fasciitis and pes planus. He noted that all these were the result of my previous military injuries. I filed a claim for increased compensation for my existing injuries and uploaded all my civilian doctor exams and my DBQ from my orthopedic doctor.

I was scheduled for a C&P exam through VES and did that in May. The doctor was a prior service doctor and agreed with everything my orthopedic doctor said. After a month, I got a notice from the VA saying that my chronic Achilles tendonitis claim is deferred and that my right foot neuritis was deferred , but they did change my right foot injury to 10% for metatarsalgia. I was then referred to VES yet again and this time the doctor was different and was an foot specialist and looked only at my right foot. I had the doctor go over both feet and take notes about everything, my Achilles, pes planus, plantar fasiitis, etc.

My question is this. Since the doctors noted that I have all of the other conditions, would the VA automatically look at this for secondary claims and award me a rating or do I have to file that separately? Could I just add a statement claim since it is in the system as a FDC claim now? I can't see the VES doctors notes but I believe both of them that they would annotate all of that information. I think I should be looking at a good percentage based on my pes planus and chronic plantar fasciitis. Thanks guys, I really appreciate the help!

[Richard1954]

5 hours ago, SH8541 said:

My question is this. Since the doctors noted that I have all of the other conditions, would the VA automatically look at this for secondary claims and award me a rating or do I have to file that separately? Could I just add a statement claim since it is in the system as a FDC claim now? I can't see the VES doctors notes but I believe both of them that they would annotate all of that information. I think I should be looking at a good percentage based on my pes planus and chronic plantar fasciitis.

It is hard if not impossible to predict what the VA will do. Sometimes they will automatically rate secondary conditions if these conditions are  proved to be service connected, other times they will not. It really depends on the experience of the rater. Years ago,  when I was rated for my back condition the rater threw in secondary issues and rated them as well, this was without my even knowing that they could be rated. So it could happen, but don't bank on it happening. 

As to what your C/P examiners wrote...I don't recommend you try to guess what they actually wrote. I have been disappointed by examiners who I thought had my back only to find out that they opined negatively. In such cases you will have to have an Independent medical opinion,  since you have already had two separate C/P exams I am doubtful that the va would request a third, unless you could discredit the exams in question. The fact that you had your exams by a contractor makes it very hard to obtain a copy of the exams. I had C/P exams  by contractors in Jan 2019, and I am still trying to get copies of the exams, the VA takes their time supplying them. Part of the issue surrounding a C/P exam is that if you want to appeal a decision,  you really need to see the exam that calls into question a service connection, you only have a year to appeal so you either appeal ( as I have done) if for no other reason than to preserve the effective date of a award,  and sit idly by until you receive a copy of the exam, and hope your supplemental claim is not denied before receiving the exam... getting C/P exams by contractors really muddies of the process... and makes it harder to perfect an appeal.

Edited July 31, 2019 by Richard1954
spelling

[SH8541]

18 hours ago, Richard1954 said:

It is hard if not impossible to predict what the VA will do. Sometimes they will automatically rate secondary conditions if these conditions are  proved to be service connected, other times they will not. It really depends on the experience of the rater. Years ago,  when I was rated for my back condition the rater threw in secondary issues and rated them as well, this was without my even knowing that they could be rated. So it could happen, but don't bank on it happening. 

As to what your C/P examiners wrote...I don't recommend you try to guess what they actually wrote. I have been disappointed by examiners who I thought had my back only to find out that they opined negatively. In such cases you will have to have an Independent medical opinion,  since you have already had two separate C/P exams I am doubtful that the va would request a third, unless you could discredit the exams in question. The fact that you had your exams by a contractor makes it very hard to obtain a copy of the exams. I had C/P exams  by contractors in Jan 2019, and I am still trying to get copies of the exams, the VA takes their time supplying them. Part of the issue surrounding a C/P exam is that if you want to appeal a decision,  you really need to see the exam that calls into question a service connection, you only have a year to appeal so you either appeal ( as I have done) if for no other reason than to preserve the effective date of a award,  and sit idly by until you receive a copy of the exam, and hope your supplemental claim is not denied before receiving the exam... getting C/P exams by contractors really muddies of the process... and makes it harder to perfect an appeal.

Thanks for the info, that is kind of in line with what I am thinking.