C&P Opinion NOT requested on DBQs

[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.

[GBArmy]

This C&P was for a claim to increase your ratings on already s-c conditions except the shin splints? And, you also included a new claim for the shin splints along with the others for increases? Just trying to understand the facts.

[RBrogen]

Just now, GBArmy said:

This C&P was for a claim to increase your ratings on already s-c conditions except the shin splints? And, you also included a new claim for the shin splints along with the others for increases? Just trying to understand the facts.

 

Claim #1 did NOT have shin splints on it.  Claim #2 had shin splints on it and that condition was denied without a C&P because the rater stated that they didn't see any evidence in my STR.  I submitted a 21-4138 challenging this decision on the basis that the rater is not a medical person and doesn't know what contributing conditions might cause the shin splints (e.g. I was airborne) and it was frowned upon to go on sick call for achy shins.

[RBrogen]

Does anything have any experience/thoughts on this one?