Missing Medical problem documented but no C&P exam Provided

[scottishere99]

My question is I finally  received my Military Medical record from the VA after 17months,  upon review I found the documentation of my problem with my hand joints swollen and painful.  I have been seeing a Rheumatologist since 2009 when i got out after 20yrs of service.  so my question is how should I submit the missing information i.e. DD FORM 2807-1  BLOCK 12 H, Swollen or Painful Joints and Block 29 12H 6 months now painful and swollen hands and finger joints, Block 30  12h, hand swelling in the AM, minimally controlled on Naproxen.   This was documented January 7th 2009  during the time i was having my C&P Exams.  Also when I submit this information to the VA would this be something I would be entitled to back pay?  My Rheumatologist has told me she would write me a letter stating that this is more then likely the start of my problems with my hands.  Also the sailors I work with will write buddy letters on how my hand will be swollen all the time along with my wife letter stating the pain that my hands cause me and limit my activities in working in the yard and on my house.  

[GBArmy]

Scottishere99 If your claim is still within the 1 year of denial, I'd submit on a Supplemental claim the new evidence. A new letter from your doc, plus new buddy letters should be the easiest path to take. Others may chime in but on  trying CUE on failure to assist or something, but you could always have that in your back pocket. Getting the additional documents makes your case stronger, so you would have to leave them out if you went the HLR route. So, Supplemental is my recommendation.

[broncovet]

Did you "apply" for the condition(s) of "swollen fingers" or something similar and VA denied it?  

Its "not enough" FOR BACKPAY to have it documented in service..you also have to apply for it.  

Now, if YOU applied for swollen fingers, joints, arthritis, etc., this is a different story.  

Its important "when" you applied.  Did you apply within a year of exit from service?  If so, yes, you should get retro back to the day you got out of service.    However, I can not opine a disability percentage, it could be zero percent, or more, depending upon the severity AND if you have all Caluza elements.  

If you applied within a year of service, and VA was "missing" service records documenting this injury, then you should be able to get an earlier effective date under 38 cfr 3.156 C.  

[scottishere99]

Broncvet, the thing is I've never applied,  my hands have been a problem 1 year before I got out and I didn't have a copy of my record now fast forward to 2020 I got my medical record and going through it I found the documentation on my hands which I had thought that I had something saying my hands were bothering me  but just figured it wasn't important when they scheduled my C&P appointments. 

So what I'm trying to figure out now that my hands are in such a mess how do I go about submitting this to the VA.  I'm not to worried about back pay I would just like to get this into the VA and see if it will move my disability higher.  So which way should i submit this to the VA and do i add records and letters from Dr's , wife, and friends?

[broncovet]

You need to apply for these conditions.  If you have records, send it with the application.  You can apply online, or by snail mail.  Unless there is a compelling reason, it does not appear "lay evidence" will help you that much.  As always, you are gonna need a current diagnosis, in service event or aggravation, and nexus to establish Service connection.