C&P Completed w/o C-File

[RBrogen]

Hi,

I just realized after re-reading my c-file that my very first C&P exam was done and decision made and none of the examiners saw or ever read my c-file prior to a decision being rendered.   My c-file was apparently in transit to the storage facility but they went ahead with the C&P before getting it.  This was back in 1991.  Is this something that could be an issue? ... I had issues documented in the C&P that weren't addressed in the decision so I'm curious.  Thanks in advance.

[brokensoldier244th]

An issue how?? They would have rated you off your strs or by observation. The rest would obviously know that your records were in transit because they look for that while building the claim. They would look at the c and p, and look at the other evidence as it came in. Not seeing the veteran claim file doesn’t invalidate the dbq. It just alerts the rater to consider the gravity of the evidence on it differently. This is mainly an issue with private doctors. Contract and va doctors can see your strs and other stuff that the private doctor doesn’t see most of time. 

Edited June 30, 2020 by brokensoldier244th

[RBrogen]

I was just curious if it made a difference.

[Vync]

@RBrogen It sounds like you might be dealing with two issues here.

1. Your c-file and any document authored by the VA is considered part of the record -- even if the documentation is not present before the person at the VA who makes the decision on your claim. I have a HLR/CUE idling at the VA for this. My C&P doc performed an exam, but misplaced the results. I was brought back a couple of weeks later for a second exam with the same doc and was granted 10%. Years later, I got my claims folder and found the original exam notes. I also found a radiologist report that they completely overlooked, so it's kind of a one - two punch. If successful, my initial rating will be increased to 20% or 30% depending on how they read the evidence.

2. The VA says when we file a claim, we must identify the benefit that is sought. My initial C&P exams from 20+ years ago included diagnosis of other issues, but the VA only made decisions on the specific things I claimed. They didn't bother to even consider if the additional diagnosis' were considered to be a secondary. It's a case of the VA doing as little as possible just to get the paperwork off their desk.