Unclaimed conditions found during C&P

[RBrogen]

I'm curious as to what, if any responsibility the VA may have for followup on conditions found during C&P that were not specifically on the original claim.  Example:  Claim for low back syndrome is approved at 20%, during the C&P exam, examiner notes radiculopathy down legs.

Does the VA have any requirement to help "fully develop" the claim knowing that the radiculopathy is being caused by the original claimed condition.

Thanks in advance,
Randy

[deedub75]

When my back claim was granted, radiculopathy in both legs was inferred and granted at 10% per leg. Evidence of radiculopathy was all over my medical records and I had already nerve conduction studies done so there was no development needed. 
 

Did they invite you to file a claim for it?

[RBrogen]

No they didn't invite me to file ... they didn't do anything at all just said here's what you filed for, gave me 20% for my back, even though they had medical records and C&P showing I had radiculopathy symptoms.

[broncovet]

This only matters as far as the effective date.  You either meet the Caluza element criteria, or you dont.  Just because an examiner noted "an additional potential issue", does not mean this establishes a "claim date", tho, that would have in the past, prior to March, 2014, when "informal" claims for increase were permitted.  

Now, if you want benefits, you have to file for them on the applicable form prescribed by the Secretary.  EXCEPTION:

TDIU.  

If a Veteran is "unable to maintain SGE" and has sought an increase in benefits, the VA may have to send the Veteran a TDIU form.  

If you expect benefits for the conditions noted on the C and P exam, I suggest you file for them now.  You can fight the VA for the effective date when/if awarded, but you should apply pronto.  

Remember, "even if" VA is responsible for errors, this does not necessarily mean the Veteran will get benefits.  Time after time, VA messes up, and the Veteran pays the penalty.  

You can not even get a lawyer until you have at least one denial.  This is why you need to file now.  

[RBrogen]

35 minutes ago, broncovet said:

This only matters as far as the effective date.  You either meet the Caluza element criteria, or you dont.  Just because an examiner noted "an additional potential issue", does not mean this establishes a "claim date", tho, that would have in the past, prior to March, 2014, when "informal" claims for increase were permitted.  

Now, if you want benefits, you have to file for them on the applicable form prescribed by the Secretary.  EXCEPTION:

TDIU.  

If a Veteran is "unable to maintain SGE" and has sought an increase in benefits, the VA may have to send the Veteran a TDIU form.  

If you expect benefits for the conditions noted on the C and P exam, I suggest you file for them now.  You can fight the VA for the effective date when/if awarded, but you should apply pronto.  

Remember, "even if" VA is responsible for errors, this does not necessarily mean the Veteran will get benefits.  Time after time, VA messes up, and the Veteran pays the penalty.  

You can not even get a lawyer until you have at least one denial.  This is why you need to file now.  

This decision was October 4, 1999 and an earlier effective date is exactly what I'm trying to get.

[Vync]

@RBrogen this reminds me of my first claims started in 1995. The VA denied without exam, so I appealed to the BVA. They issued a remand which specifically instructed the VA to identify any disabilities and opine whether they were service connected. The VA did to me what they did to you. They only opined on the specific disabilities that were claimed. A number of other things were diagnosed during the exams, but the VA examiners never opined on them. Many of those were SC years later.

@broncovet could the situation I just explained above be considered informal claims? The C&P's were in 1997 and 1999, but the disabilities were filed specifically later between 2008 and 2012, and all granted in 2013. Wondering if I might be able to get an EED to obtain the 20 year protection on them.

[RBrogen]

@Vync yes after all these years, I was finally able to get my knees and ankles service connected in March 2018 so I wanted to get the effective date when I first filed for bilateral knees in Oct 1999.  When I got out in 1991, the first C&P I had which was for low  back, the examiner noted that I told him that my knees were swollen and stiff in the morning and that I also had rediculopathy symptoms.  I had one of the decisions mention a doctor's note that said he believed my injuries were from the military service but but said that he didn't opine the exact situation that caused the injury so they ignored it.