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Connected for something not claimed?

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bigoc

Question

I know this will seem a bit crazy, but I figured anything is possible when the VA is involved.

Has anyone been service connected for a joint disability even if they did not claim that specific joint?

I am connected and rated for psoriatic arthritis in multiple joints.  Right hand, left wrist, both feet.  This question is due to a strange C&P experience from my recent application for an increase on my current ratings.  I called to check on my status and the woman from the VA gave me an update that rating office had received the evaluation report from the C&P exam.  This is where it gets strange.  She said my shoulders were included in the evaluation report from the exam.  The exam was from a request my me to increase my current hand, wrist and feet only.  I have not claimed my shoulders ever.  Even though I stupidly should have years ago. 

I recently found a page in my C-file that I over looked the past few years.  I was seen by a VA contracted rheumatologist in October of 2015.  The result of that exam showed that I had joint involvement and pain in my knees and shoulders.  I did not claim these for no other reason than just over looked it because I had many other complex claims(TBI for one) at the time.  The VA included a statement in the December 2015 decision that I will include below:

VSR: Tell the Veteran, "VA contract examination dated October 10, 2015 shows multiple joint involvement attributable to your arthritis condition. If you wish to claim service connection for any additional affected joints, please let us know."

This statement with the recent update on the C&P exam is what is making me wonder if the VA possibly connected me for my shoulder.  I'll find out soon enough but just wondering if anyone has had the unusual experience of the VA connecting you without claiming a condition.

I will definitely be putting in a new claim for my shoulders and knees since I just found the above statement in my 1500 page C-file.

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You just went into the "grey area".  There ARE inferred claims, and VA can decide to infer yours.  

(The VA is charged with "maximizing" benefits.)   However, regulations state that a Veteran must "specify the benefit sought".  

My advice:  If you have already been awarded benefits for the condition, do nothing.  VA has made a judgement call and inferred it.  However, if you want that benefit, and its not been awarded yet, claim it at your first opportunity. 

Speaking of VSO's, did you have a VSO at that time, did he claim the condition for you?  Maybe he did, we do find a few who do their job.  

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So to add more grey area to the discussion.  During the October 2015 C&P exam I mentioned all of the joints that were involved and the examiner noted these including the shoulders and knees.  The report was very favorable to me and I should have filed for all the other involved joints back then.  Problem is I was not as diligent as I should have been with obtaining and reviewing my C-file in a timely manner.

As I am currently connect and compensated(10% each) for right hand, left wrist, and both feet.  Perhaps because I have these connected joints the others are being added by the RO since I mentioned them at the C&P and the examiner confirmed them.  The examiner also stated in the same report that psoriatic arthritis makes a natural progression to other joints.  Again I didn't specifically claim the shoulder but the VA does strange things and arthritis is one of those complex claims.

I am rated under 5002 code for active disease not the degenerative arthritis code.  This might have something to do with the VA adding the shoulder.  

I did not request a VSO.  My file does list the state VSO office as my VSO.  I don't know how this happened and I have had no contact with them.

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