Can I Request A New Compensation And Pension (C&P) Exam?

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Can I Request a New Compensation and Pension (C&P) Exam?

Published on November 14th, 2019

When you apply for veterans disability compensation, in most cases the VA will send you a letter requesting that you attend a medical exam, which is also called a Compensation & Pension or C&P Exam. This is a medical examination and interview performed by an examiner, usually at your local VA hospital. After the exam, the examiner will write a report that the VA will use to determine your disability rating. They also consider any other evidence that you include in your application. Sometimes, veterans are surprised to see that the exam report fails to represent accurately the extent of their injuries or illness. Unfortunately, the VA sometimes uses nurse practitioners or physicians assistants who may not have as much training or expertise.  A poor examination can result in an unfairly low disability rating, and in some cases, the denial of veterans disability compensation entirely.

You Can Request a New C&P Exam, But it May Not Be Necessary

If you received an unfavorable C&P exam, you may be wondering if you can schedule a new one. This is difficult, but still possible. Fortunately, you can supplement the bad C&P exam with the results of an independent medical consultation. This could be a consultation with a general practitioner, or a specialist who can provide better insight into your specific medical condition. This independent exam may help your case more than a second C&P exam. After all, there is no guarantee that you will get a better C&P result the second time around.

In any event, the unsatisfactory C&P should be documented. When you go to an exam if you are concerned that the examiner was not thorough or failed to pay attention to what you said or to medical reports that you brought to the exam, you should write down your concerns immediately.  Details have a way of slipping away as time passes.  You should call, or better, write, the VA as soon as possible to put your concerns on the record. Keep a detailed account of your C&P exam, and why you thought it was not up to standard. You should carefully write this Memorandum for Record (MFR) as soon as possible.  If you have an E-Benefits account yu can upload the memorandum to the account. It’s important to bear in mind that you can’t request a new C&P exam just because you don’t agree with the result. There must be some evidence that it was improper in some way:

  • The examiner did not ask you about your pain or ability to work
  • The examiner was in a hurry and failed to do a thorough exam
  • The examiner didn’t consider your medical history
  • You were not given the opportunity to explain yourself
  • The examiner lectured you about your health instead of documenting your disability
  • The exam was performed by someone with limited training instead of a specialist in your particular problem

If you can provide your VA Regional Office with a good reason why you should be given a new C&P exam, it is likely that they will offer to schedule a new one. As an alternative, however, you may want to consider working with an experienced veterans benefits attorney. They will give you insight into what your claim needs to succeed, and can help you appeal a bad ratings decision and obtain necessary medical and factual evidence.

How Jackson & MacNichol Can Help

The veterans benefits lawyers of Jackson & MacNichol have a proven track record of helping veterans from around the country to get access to the compensation they deserve. If you have received a disappointing rating decision after a bad C&P exam, we can look into your case and determine what evidence can convince the VA to reverse their decision. In many cases, the best evidence will be a report from a reputable, independent doctor who specializes in the medical area of your disability. Call us today at 1-800-524-3339 for a free consultation about what to do after a bad C&P exam.

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