Jim,
I am currently working as a contractor in Iraq. I am a Vietnam vet with over 26 years active Army service. I retired in 1996 and at that time I was awarded a 10% disability due to arthritis in my neck. I submitted a VA Form 21-526 online.
I had triple bypass surgery at Walter Reed in 2005 and I understand that my ischemic heart disease should entitle me to a higher disability rating under the new agent orange rules. I'm currently in CONUS for a couple weeks of vacation. VA has acknowledged that I am working in Afghanistan and they have requested a physical appointment for the time I will be home.
On the paperwork they sent, it states that they want an evaluation of my heart disease and tinnitus which were both on my claim. Do you know if I can add a condition when I get to the physical, or do I have to start with a new claim? I've been having a lot of problems with my hip and I would expect it could be from 26 plus years of PT and marching. Any assistance you can provide will be appreciated.
Reply:
As a rule the C & P examiner will not do any exam that was not ordered by the Regional Office. These folks are not free to do what they think needs doing, they follow specific instructions to do specific exams.
In your situation though, it's probably best that you mention to the examiner and hope to get it in the record. If you explain your situation to the examiner, he or she may take the initiative to send you for some x-rays and record your range of motion, etc.
If the C & P examiner is clear when noting your complaints of worsening hip joint pain, the Regional Office should interpret that as an inferred claim and begin the process to adjudicate it.