Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Is claim still open?



I requested connection for psoriatic arthritis of the right hand, left wrist, and both feet.  In addition to these joints the RO requested a C&P exam of shoulder, hip, elbow, wrist, knee, and ankle.  I have no idea why they did this but it is possibly beneficial to me.  I'll attach this part from my c-file at the bottom on this post.  The VA only decided on the four claimed joints.  The other joints that the VA put in the C&P request were never evaluated or referenced in anyway.  This includes no mention in rating decision letter or during the C&P.  

Fast forward to 2015 I report for a VA requested future exam for the four SC joints.  I made the complaint of joint pain in 11 joints to include the joints stated above from the 2009 C&P.  These were recorded in the results as pain.  In addition to the documentation in the 2015 exam, they VA acknowledged the additional joint pain and suggested I contact them if I wished to claim these.  I stupidly did not see this until recently. 

Would I be able to get these joints connected and EED back dated to 2009 or 2015 based on an inferred issue and that no decision was made on the other joints?

Again the VA is the one that requested the additional joints to be evaluated in 2009 and not me.  Then they were never addressed.  I am interested in this because I have been finding information on claims being considered open if the VA never renders a decision.  While they rarely miss a veteran claim they often miss inferred issues.  This seems like a pretty obvious inferred miss to me.  The VA specifically requested the additional joints. Might be a stretch but this would be significant retro.


open joint claim.png

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Posted Images

Recommended Posts

  • 0
  • Moderator

Was you denied on these condtions? if so when?

&did you keep your NOD Timeline updated?

what was there reason and bases for the denial? 

if your still in your appeal time line  yes you should be able to get a better EED....WHEN APPROVED.

Link to comment
Share on other sites

  • 0
  • Moderator


Link to comment
Share on other sites

  • 0

I was connected for the 4 joints I claimed.  The other joints the VA requested a C&P exam for in 2009 were never address and the exam was listed as completed.  This happened even though the joints were not evaluated.  So I claimed 4 joints and the VA requested a C&P for 12.  Only the 4 joints I claimed were evaluated and decided on.

 I can not find any reference to the additional joints until a 2015 C&P that the VA requested as an exam for my existing 4 SC joints.  Interestingly during this exam the doctor recorded these additional none service connected joints as pain on the DBQ.

This was my second stupid miss that I am just catching now.  None the less the additional joints were never addressed other than(your not going to believe this)...the VA tells me to claim these joints that they have found to be attributed to my psoriatic arthritic condition.  

Seems like the VA gave me two opportunities to claim these joints and I missed both until recently.

There is another reference to the exam for the additional joints being completed so I would imagine it is closed.  There was no decision on these additional joints included in the decision letter.  Only the 4 joints I claimed which I expected and did not look for these others until I recently was reviewing my C-file.  

However, the 2009 C&P exam is very detailed on the 4 joints I claimed but has no evaluation information on the additional joints.  The additional joints were not evaluated and recorded on the examiners report.

If the VA requests a C&P for 12 joints even though I old claimed 4 and then the VA only examines 4 do I have a open claim for the additional joints?

Link to comment
Share on other sites

  • 0

I did not have a NOD as I was connected for the claimed joints.  

I am recently learning about entitlement to service connection from an inferred issue.  Such as a service connection being found or claimed even if not formally requested.  The VA requested the additional conditions be evaluated in 2009 and then never evaluated them or made a decision on the additional joints.  

Then again the joints were evaluated in 2015 and recorded as painful.  Again no decision was made but the VA acknowledged the joints and told me to request the additional joints if wished to claim them.  I missed this.

Link to comment
Share on other sites

  • 0

I can't say whether or not you have a case but there is a lot of information that may help you here:      https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014205/M21-1,-Part-III,-Subpart-iv,-Chapter-6,-Section-B---Determining-the-Issues#1d

M21-1, Part III, Subpart iv, Chapter 6, Section B - Determining the Issues

Scroll down until you see the above and start reading.  6.B.1.c looks promising for you.

Link to comment
Share on other sites

  • 0


Thanks for the info.  This recent change is interesting as well. 

Change Date

  February 28, 2019

III.iv.6.B.1.a.  Recognizing Issues and Claims When Preparing a Rating Decision

When preparing a rating decision, the decision maker must recognize, develop, clarify, and/or decide all issues and claims, whether they are
  • expressly claimed
  • within scope of an expressly claimed issue, such as
    • complications of the claimed condition, or
    • unclaimed subordinate issues and ancillary benefits, or
  • compensation entitlement issues that arise based on the Department of Veterans Affairs’ (VA’s) review of evidence, such as 
    • reductions of service-connected (SC) disability evaluation
    • clear and unmistakable errors (CUEs)
    • entitlement under the Nehmer stipulation, or
    • competency reviews.
Note Within-scope issues encompass
  • additional benefits for complications of the claimed condition, including those identified by the rating criteria for that condition in 38 CFR Part 4, VA Schedule for Rating Disabilities, and
  • any ancillary benefit(s) or other unclaimed subordinate issues not expressly raised by the claimant that are related and arise as a result of the adjudication of a claimed issue. 
References:  For more information on


Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...


    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.


    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.


    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Create New...

Important Information

{terms] and Guidelines