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!

[Foxhound6]

9 minutes ago, brokensoldier244th said:

Raters can infer things from claims- it also could have shown up related to another claim and since the two systems were related (hypothetically) then it got rated administratively based on the evidence of record. 

I feel you could be correct here. I cannot fully confirm that the VA failed to adjudicate it without my CFile. But still, I feel I should have been notified. Not to mention, it was a very poor opinion given at the end. Ill need my CFile to see whats what. 
 

Biggest reason i feel it wasn't adjudicated is because nothing was ever listed under disabilities even though there was a diagnosis. I couldnt even appeal it if i had wanted to

Edited September 29, 2020 by Foxhound6

[Foxhound6]

18 hours ago, broncovet said:

This is why I suggest you get your effective date appeal to the Bva AS QUICKLY AS POSSIBLE.  HLR or SCL is useless, its just another senior rater from your VARO.  

This portions you posted on effective dates, citing your source, is excellent.  It should be posted again, with a new post where many Vets can see it when appealing their effictive date.  

@broncovet Doesn't HLR usually go to the National queue for the next available person? I could be mixing up things lol.

My attorney initiated my HLR. Still don't know why. They aren't great at communicating their actions. I just follow along on VA.gov lol. However, theoretically, an HLR SHOULD be able to identify that EED issue and correct it.I did point to it in my MH claim narrative that I won recently. Perhaps this is something that is slipping thru HLR levels and perhaps needs to be addressed to include issues like these. Anything else, the BVA can deal with.

I'm not looking forward to submitting this to the BVA LOL but, fight the good fight. I am just waiting for this HLR to wrap up. I may need to dump my attorney after my current claim I hired them for is done. I will attempt to explain my EED situation to them in writing and spell it out for them and see if they are interested, but the paralegal seemed clueless on what I was getting at anyway. Which is OK, I don't mind keeping that 20% myself..

Edited September 30, 2020 by Foxhound6

[GBArmy]

HLR does go into the National work Queue, in theory, to get to the next available person to jump on. Used to be worked on in house. That is an with a  improvement over the previous procedure where the new decision maker is not likely to know the last one. I believe if  the decision was found to be in error, it does go back to the RO however. Again, partly to be a teaching procedure to improve the process.

[pacmanx1]

I think the form that you may be searching for in your C-File would be a VA form 119 REPORT OF CONTACT.  It is when a veteran and or his representative contacts VA.  If you had a representative he/she could have actually filed a claim. 

Edited September 30, 2020 by pacmanx1

[brokensoldier244th]

Good point. I sometimes forget about those

[Foxhound6]

30 minutes ago, pacmanx1 said:

I think the form that you may be searching for in your C-File would be a VA form 119 REPORT OF CONTACT.  It is when a veteran and or his representative contacts VA.  If you had a representative he/she could have actually filed a claim. 

I did not have a rep then. Only recently. I dont recall getting notified of something but its been some time and I could have just as easily forgot that. Im just waiting on my cfile