Found random C&P exam

[Foxhound6]

Not sure who might know this, possibly @brokensoldier244th, but would there be any reason for a C&P exam being performed (in my record), without me filing a claim during the time I had the exam? It appears favorable with exception to the examiner making a remark toward the end.

I recall sitting down with someone from mental health during that time at the VA because I indicated my issues with mental health during my (presumptive from exiting active duty) left knee claim that was SC'd.

I just find it odd that, even with diagnosis and favorable findings, it was never listed as a disability or NSC disability. I never even knew it existed until recently

I can redact and post exam if needed. Thanks!

[GBArmy]

Foxhound6 When the VA does a C&P, they are supposed to tell you the purpose of the exam. Sometimes they don't. Happened to me as well. I thought it was a routine check on my heart condition but it was for a C&P and didn't tell me. If you said something while a claim was open regarding a MH condition, the note in the file was caught and it generated the exam. Not a bad thing, but you should have been notified. If the exam results in a favorable finding for a disability for you, (sometimes) the VA will give you a rating for it. But sometimes you may have to submit a claim for it using the finding as evidence. I'm sure their M21-1 manual provides enough wiggle room that the VA can get by doing this even though it sounds un-profesional at the very least to the veteran. Wait and see what your decision letter says and go from there.

[Foxhound6]

2 minutes ago, GBArmy said:

Foxhound6 When the VA does a C&P, they are supposed to tell you the purpose of the exam. Sometimes they don't. Happened to me as well. I thought it was a routine check on my heart condition but it was for a C&P and didn't tell me. If you said something while a claim was open regarding a MH condition, the note in the file was caught and it generated the exam. Not a bad thing, but you should have been notified. If the exam results in a favorable finding for a disability for you, (sometimes) the VA will give you a rating for it. But sometimes you may have to submit a claim for it using the finding as evidence. I'm sure their M21-1 manual provides enough wiggle room that the VA can get by doing this even though it sounds un-profesional at the very least to the veteran. Wait and see what your decision letter says and go from there.

That's the thing. I was recently awarded on a claim filed in NOV 2019. For the exact same issues as that exam shows and with, I believe, the same evidence. 

When I filed that 2019 claim, I still had no idea that previous exam even existed. 

Perhaps I have an "EED" argument?? Need to do more research. 

I truly need my C-file. Been waiting. Recently reached out to my congresswoman. 

[pacmanx1]

IMHO, before you begin to think about an EED, make sure you review your C-file. Pay close attention to all the documents prior to the date of your original C & P exam and any contact that you had with VA and the VAMC.  It possible, now don't quote me, but it is possible that a claim could have been filed on your behalf by a VAMC doctor or by you contacting the VA Regional Office. Only time will tell.

[brokensoldier244th]

That should probably be canceled. Unless it’s an RFE but having one a year out is unusual-not unheard of, but unusual. It’s likely that you were scheduled because somebody didn’t document the claim properly before you and scheduled it despite you already having decision. Or you filled a paper claim and electronic claim for the same thing and it wasn’t caught so it was processed as its own claim. 
 

it also could be inferred by a rater after the fact. I see that sometimes, too, to correct an error where something in the contention wasn’t addressed because the vsr didn’t order the exam and attach the documentation correctly. 

[Foxhound6]

8 hours ago, pacmanx1 said:

IMHO, before you begin to think about an EED, make sure you review your C-file. Pay close attention to all the documents prior to the date of your original C & P exam and any contact that you had with VA and the VAMC.  It possible, now don't quote me, but it is possible that a claim could have been filed on your behalf by a VAMC doctor or by you contacting the VA Regional Office. Only time will tell.

I requested it back in January of this year, still "gathering evidence". My C-File must be huge for two claims! LOL. I just returned an authorization form from my state Senators office so they could maybe expedite its processing. I do need it.

[Foxhound6]

6 hours ago, brokensoldier244th said:

That should probably be canceled. Unless it’s an RFE but having one a year out is unusual-not unheard of, but unusual. It’s likely that you were scheduled because somebody didn’t document the claim properly before you and scheduled it despite you already having decision. Or you filled a paper claim and electronic claim for the same thing and it wasn’t caught so it was processed as its own claim. 
 

it also could be inferred by a rater after the fact. I see that sometimes, too, to correct an error where something in the contention wasn’t addressed because the vsr didn’t order the exam and attach the documentation correctly. 

@brokensoldier244th My guess would be that I was referred by the examiner from my Knee C&P, as in that knee C&P it does list that I had an existing diagnosis for a "Mental Health Disorder". Is this something that could be usable as evidence of an earlier EED for my recent MH award given that they subsequently granted me secondary SC for my mental health just recently, based on virtually the same evidence?

Edited September 23, 2020 by Foxhound6