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C&P Opinion NOT requested on DBQs
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RBrogen
My latest C&P covered some items that have already been service connected (neck, knees and ankles) and one in particular (bilateral shin splints) that I have filed a claim for but was denied on a previous claim without a C&P.
The examiner in my most recent C&P completed the DBQs for ankles, knees, shin splints, scars. On every DBQ there is a question that says "Was an opinion requested about this condition (internal VA only)? [ ] Yes [ ] No [ ] N/A. Every single one of these questions were checked NO.
On every DBQ I've had, it has always had YES checked for this question and at the end of the C&P report, the examiner would give an opinion and state 50% or more likely or not likely on the condition. However, on this last one, every DBQ had this question checked NO. If I understand the logic behind this (this is what I'm trying to figure out) then it would mean that if the condition is already service connected and they are only looking for severity/rom condition details for rating purposes. Now that logic makes sense for all of the conditions EXCEPT the Bilateral Shin Splints because I was previously denied by the rater without any associated C&P with the reasoning that they (the rater) didn't see anything in my STR for that condition. Does that mean that they are associating the shin splints because both ankles and knees are already connected and evidence would support common sense that the shin splints are also connected?
I wanted to get your thoughts on this.
Thanks as always for your helpful insights.
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