How To Overcome a Bad C&P Exam for Veterans
A Compensation and Pension (C&P) Exam can play an important part in the success of failure of your veteran disability claim — which makes a bad C&P Exam more stressful for many veterans. The purpose of a C&P Exam is to evaluate veterans and determine the severity of a service-connected disability based on specific symptoms. This medical exam ordered by the U.S. Department of Veterans Affairs (VA) is used to examine the specifics of a disability claim, like the symptoms or other presumptive conditions — but what happens if a C&P Exam goes poorly? What options are veterans left with? We hope to answer these questions and more with a breakdown of how to overcome a bad C&P Exam for veterans created by VA Benefits Attorneys.
What Should Veterans Do If They Have a Bad C&P Exam?
The VA disability claims process is already stressful — but when a veteran is scheduled for a C&P Exam and it goes poorly, that can ratchet up the stress. Veterans who have an understanding of the process understand how a bad or unfavorable exam can impact their disability claim, but may not know what constitutes a bad C&P Exam. We can help.
Veterans may notice a few red flags when they undergo a C&P Exam that can include medical professionals ignoring your medical history or treatment records, an evaluation that skips any physical exams, an examiner with little to no experience with your specific disability, and a healthcare provider that is dismissive or hostile throughout the process. A bad C&P Exam may also be identified by final exam reports that do not include any data about flare ups for your disability, a report that applies the wrong legal standards, or medical conclusions that lack any logical support or evidence.
3 Immediate Steps to Take After a Bad C&P Exam
Now that you have a better understanding of how to spot and identify a bad exam, it is important you know what immediate steps to take after an unfavorable C&P Exam.
1. Write a Memorandum for Record (MFR)
The very first thing a veteran should do after a bad C&P Exam is to write down a Memorandum for Record. This document needs to include the exact time and date of the exam, the length of the exam, and your account of what the doctor or medical professional did wrong during the exam.
2. Call the VA to Report It
The next step is to call the U.S. Department of Veterans Affairs and report any exam you feel is incomplete or unfair. Make sure that you request that they note your MFR in the claim file. Veterans can contact the VA Hotline at 1-800-827-1000.
3. Submit Your MFR
After you have taken those initial steps and reported the bad exam, it is critical that you upload and submit your MFR. By submitting your statement directly into your online VA claim file, you have created a complete record and document trail for later parts of the process.
How To Contest the Results of a Bad C&P Exam
Ok. You experienced a bad C&P Exam. You reported the bad exam. What happens next? How do you contest the results of a bad exam?
Request a Copy of the Report
Knowing is half the battle in this scenario, and it is important that you know what the examiner put in your report. Contact your Veterans Service Officer (VSO) or an accredited veteran claims representative to get a copy of the Disability Benefits Questionnaire (DBQ) filled out by the examiner.
Get an Independent Medical Opinion (IMO)
When you receive an unsatisfactory exam result, the next step is to request an Independent Medical Opinion from a private doctor. Your doctor will review the file and write a new medical opinion or nexus letter to correct any mistakes made by the examiner.
File an Appeal
There is a chance that the Department of Veterans Affairs will deny your disability claim based on a single unfavorable C&P Exam. This is not the end. You can file an appeal of the denied claim via three methods — a Supplemental Claim, a Higher-Level Review, or a Board Appeal. An experienced VA disability attorney can help you determine the best course of action for your claim.
READ MORE: Do You Need a C&P Exam for Presumptive Conditions?
Do you want to know how to overcome a bad C&P Exam for veterans? We hope that this breakdown created by VA Benefits Attorneys has answered your questions and will help you fight a bad exam to get the benefits you have earned.
