Common C&P Exam Mistakes: VA Claims

Today we discuss the most common mistakes related to VA C&P Exams! This includes mistakes Veterans and examiners make during exams, plus mistakes VA makes when reviewing your C&P exam results and adjudicating your VA disability claim. Wrapping up the video are some valuable C&P exam tips you won't want to miss! Please leave us your questions or comments below!

Table of Contents:
0:00 Introduction
1:03 What is a C&P Exam and Why They Are Conducted?
3:50 C&P Exam Impacts on Veterans’ Claims
5:25 Common VA C&P Examiner Mistakes
9:50 Common C&P Exam Mistakes Veterans Make
17:43 Other Common Issues We See
22:43 Important Tips for C&P Exams

[CCK_Law]

Thanks for tuning in. Have you noticed any of these things happen during or after your C&P exam? Leave us your thoughts!

[chino]

Had my examiner for PTSD increase/ TDIU. She took her time and expressed her concern actually calling my psychiatrist to tell her she was seriously concerned about my mental state. I was honest with her and didn’t hold anything back. With C&P exams you have to be totally honest and give them a picture of what your life is like on a daily basis due to your service connected disability. The more honest and thorough you are about your physical and mental state, the better chance of the correct rating being given.

[mannynavy]

Thanks so much CCK’s Angels in action. Great info. We are only as sharp as our training.

[lg]

Outstanding video! I don't think I viewed this video before but I will post it to my Facebook page of 7.2K veterans and spouses. Thanks!

[brianharrington]

even bring your meds in relation to your claim if you have any

[lg]

I learned in 2009 that I should have brought key medical evidence to my C&P exam. Since then I have taken a copy of my sleep study, CAT Scan, and other pertinent info.

[CLewey]

I never understood how one examination can be the measurement in which a person's life is impacted by certain ailments. My back hurts horribly some days, mildly others and even no pain sometimes. Same with rhinitis, those sufferers don't have 24/7 symptoms and if the day they tell you to go to the C&P exam you have no symptoms, how does that one snapshot/window accurately indicated the person's overall life. I'd say if it's something you've never been to a doctor/chiro about then it may be a good thing to do the exam but if you have stacks and stacks of medical records, why don't they just go off of that?

[bkmarine]

I just came out of my migraine direct connection and lower back increase C&P exam and I feel that the exam was bad. The examiner seemed nice attitude wise but didn't ask me about how the headaches affect my job or my social activities. He was quiet most of the time while wearing airpods reading off of his laptop saying there's a lot of paperwork, not even typing (from what I could see) and didn't write much even on his notepad even though I told him about the frequency, the work impact to me, how I deal with them, and the social impact. I don't believe he went through the DBQ. He asked if the VA has my records, and I said yes they have what they can get from VA visits and from my private doctor. Apparently this was good enough for him not to take notes. Then out of nowhere he gets up and he says to me, "yeah I'll make sure that I get you service connected for your migraines". To me I'm like so is he just going to make stuff up because it's not up to him it's up to the VA going off of what he says? I asked him do you need any more information because there was more I felt I needed/wanted to tell him and he said no I have everything I need for your back and headaches. I'm currently at 91% disabled but this bad C&P exam could cost me a 100% rating which I feel I deserve. Should I report this or wait to see what VA's decision is before having to go through the appeal process?

[keithkillam]

I just watched this VDO and another one on "Challenging a C&P exam." I have a few Qx I need to ask about this process, procedures and limitations.
1. Is there a "Statute of Limitations" or time limit imposed by Title 38 CFR of how long I have to lay a claim or complaint against a negative outcome of a C&P which would have established the nexus for a service connection for which I am petitioning?
2. Would the text of the C&P exam be found in my medical records (HealthEVet; Blue Button) or would they need to be recovered from the VBA files at my local VRO?
3. Given they ARE held in VBA, how would I access them?
4. The evidence I would (and have done to DAV in the original claim) enter is from the technical documents(component listings of the fuels and the MSDS {Materials Safety Data Sheet} for each) which in MY claim, show a direct causal relationship with my Dx of malignant bladder tumors and the Chemical materiel in the fuels (Jet Fuel, JP-4 and AVGAS 115-145 {leaded} aviation gasoline and the chemicals therein) and Other chemicals endemic to that particular workplace(s) I worked with for nine years in USAF as a Fuel Specialist.The Qx behind the assertion I just made is a.) where are those documents stored (if so) and if so, where. b.) Given they Are in VBA Custody can I request/retrieve them and c.) How?

[eli-jr]

I have a C/P next month LHi for PTSD I've already uploaded diagnoses lay wife statement nexus statement from my doctor personal statement an my wife is also coming with me to the Exam

[tonyforrest]

I have a couple of questions.
1) Is it advisable for the veteran to take a copy of his records, statements and files to the appointment with them to ensure the examiner has reviewed all the necessary information.?
2) Is it OK to bring notes of things you want to remember such as events, stressor, symptoms, etc. Memory issues is a common symptom and people tend to get nervous anyway at these. Or would that give the impression of preparing too much and reinforce an opinion of malingering?

[marcusyelton]

it is my impression that when a C&P examiner does not support the Vet's PTSD diagnosis then the VA is required to send the report back to the examiner to clarify why the examiner found the Vet not to have PTSD. Moreover, if the courts have ruled the VA is not responsible for the competency of the C&P examiner then wouldn't the reverse be true since it is the company that hires the examiner to assures the examiners' credentials So, once the Vet claims the examiner is unqualified the burden to shifts to the contracting company, not the VA.

[RayPllama]

I'm going for a lower leg C&P exam where the same condition is being scrutinized for the 3rd time in 2 months. I would think the 'benefit of the doubt' doctrine would be applied in the Veteran's favor on the 3rd try.

[briangreene]

Good job - your videos are great. I am going to my c& p ptsd exam this Monday - increase 50% to 70%. if i get denied (hope not), will my rating remain at 50%?

[keithkillam]

What is the statute of limitations in challenging a "Bad C&P" exam?
How does one appeal it in light of the new litigation settlement of Nehmer v Veterans Administration, 2021in which Agent Orange was added to the presumptive diagnosis list?
Plz refer to mine of 5 Months ago to which was never replied. TY <K>

[dmshar]

Do you charge veterans for representing them, if so how are fees structured? Thanks.

[MomoWeezy]

The Dr who examined me stated she received 3, 400 pages of VA medical records and she had 30mins to get through over 10 claims. Wanted to know if I brought supporting evidence for me requesting VA compensation...🙄

[MaxBright]

QUESTION: Is it possible to "cure" a 2001 error in a DSM rating in which "exaggerated startle response" was not included?

[antonioreyes]

Also, the C&P’s that I had via ACE Review for my OSA claim have been negative and these types of exams shouldn’t be allowed due to the DBQ question in reference to, does the veteran’s sleep apnea impact his or her ability to work?

This question alone should require an in person exam instead of a generic yes or no answer.

In my case, it would be a “yes” due to day time sleepiness that affects job performance without CPAP use.

In closing, the common problem that the VBA loves to do. The VBA falls short when requesting C&P exams for the examiners just provide their opinion and purposely fail to inform with exam request for the examiners to provide ALL possible etiologies for service connection…

[NJGirl]

During C&P exam I had a back condition flare up to the point the examer stated I was in too much pain to complete it and we stopped before the gait exam now?