How to Challenge an INADEQUATE VA C&P Exam

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Fellow veterans, inadequate (aka bad) Compensation & Pension (C&P) exams happen far too often, and they make my blood boil!

The VA C&P is the most important day in the VA claims process and the results largely determine whether you’ll get service-connected and the rating percentage for your claimed conditions.

A bad C&P exam can literally make or break your VA disability claim, and if your examiner rushed the process, dismissed your symptoms, or issued an inaccurate report, you need to act—fast.

Here’s exactly what to do if you had a poor VA C&P exam and how to get a new one before your claim gets denied or underrated.

Let’s begin!

Summary of Key Points

• A Bad C&P Exam Can Ruin Your VA Disability Claim: If your C&P examiner rushed through your evaluation, ignored symptoms, or lacked the proper qualifications, you could receive a lower rating or denial of benefits.

• Common Issues Include Rushed Exams, Bias, and Incorrect Assessments: Many veterans face examiners who dismiss symptoms, fail to conduct proper tests, or issue flawed medical opinions without evidence-based rationale. These errors can lead to underrated claims or outright denials.

• Take Immediate Action to Fix a Bad C&P Exam: If your exam was inadequate, call the VA (1-800-827-1000) to report issues and request a new exam. Also, write a Memorandum for Record (MFR), obtain your C&P exam report, and submit independent medical evidence to counteract examiner mistakes.

• Be Proactive and Prepared Before Your Exam: Know your symptoms, describe your worst days, and avoid downplaying or exaggerating your condition. If necessary, appeal a bad exam through a Higher-Level Review or Supplemental Claim to ensure your disability rating accurately reflects your service-connected condition.

What is a C&P Exam, and Why Does It Matter?

A C&P exam is a medical evaluation ordered by the VA to determine:

• If you have a diagnosed condition in a medical record.

• Whether your condition was caused or made worse by your military service or another service-connected condition.

• The severity of your symptoms in terms of frequency, severity, and duration, and how they negatively impact your work, life, and social functioning.

The exam results play a major role in your VA rating and compensation.

But if your exam was rushed, inaccurate, or biased, you could get a lower rating or even a denial.

Why Are Some VA C&P Exams Inadequate?

Not all C&P exams are created equal.

C&P exams should be fair, thorough, and accurate, but far too often, they fall short.

If your examiner rushed through your exam, lacked the right qualifications, wrote down incorrect information, or ignored key medical evidence, your VA disability benefits could be at risk.

Below are the most common problems veterans face during C&P exams—along with real-world examples:

#1. Unqualified or Inexperienced C&P Examiners

Some examiners lack the necessary expertise to evaluate specific conditions, leading to incorrect assessments and lower disability ratings.

This is especially problematic for complex conditions like PTSD, traumatic brain injury (TBI), musculoskeletal injuries, and chronic pain disorders.

Example: A veteran with severe fibromyalgia is evaluated by a general physician who isn’t familiar with the condition’s impact on daily life. The examiner dismisses symptoms like constant fatigue, widespread pain, and cognitive difficulties, leading to a low rating or denial.

#2. Rushed C&P Exams

Many veterans report exams lasting only a few minutes with little to no in-depth questioning or physical evaluation.

If your examiner didn’t take the time to understand your symptoms, your claim could be denied or your rating could be lower than you deserve.

Example: A veteran with degenerative disc disease attends a C&P exam that lasts less than 10 minutes. The examiner doesn’t test range of motion properly or ask how pain affects daily life, resulting in a low disability rating.

#3. Examiner Bias or Dismissiveness

Some examiners downplay or dismiss veterans’ symptoms, particularly for conditions that aren’t visibly obvious, such as chronic pain, migraines, or mental health disorders.

Over time, examiners may develop “exposure syndrome,” where they become desensitized to veterans’ claims and question the severity of symptoms.

We hear stories like this all the time and it makes us sick!

Example: A veteran with combat-related PTSD describes severe anxiety, nightmares, and panic attacks. The examiner, who has conducted hundreds of PTSD exams, assumes the veteran is exaggerating and notes “mild symptoms,” leading to a lower rating than warranted.

#4. Dismissal of Private Medical Evidence

Some C&P examiners ignore or devalue medical records from private doctors, psychologists, or independent medical examiners—even though VA guidelines require all competent medical evidence to be considered.

Furthermore, the VA does not apply the “treating physician” rule nor is there any prohibition against the use of paid medical evidence from experts to help support your VA claim.

In fact, the VA encourages veterans to submit as much medical evidence as possible to help substantiate their VA disability claims!

Example: A veteran submits a private Nexus Letter and DBQ from a board-certified rheumatologist linking their service-connected knee injury to severe arthritis. The C&P examiner ignores the report with a bias toward paid medical evidence for VA claims, leading to a denial of secondary service connection.

#5. “Pencil-Whipped” Exams (Bogus Reports)

Some C&P examiners rush through DBQs (Disability Benefits Questionnaires) without actually conducting a legit evaluation.

These pre-filled reports often result in understated symptoms and incorrect VA ratings.

Example: A veteran with limited mobility from a spinal injury is shocked to see their C&P report states “full range of motion,” even though the examiner never conducted the required movement tests. This leads to a much lower rating than deserved.

#6. Inaccurate Assessment of Symptom Severity

Many veterans experience symptoms that fluctuate, but some C&P examiners fail to account for this.

They may only evaluate you based on how you feel that day, rather than your worst days or the overall impact on your daily life.

Example: A veteran suffering from migraines 4-5 times per week happens to have a mild headache on exam day. The examiner assumes their symptoms aren’t severe, resulting in a low rating instead of the 50% rating they deserve.

#7. Negative Medical Opinions Without Evidence-Based Rationale

C&P examiners sometimes issue “less likely than not” opinions without providing valid medical reasoning.

These unsupported conclusions can lead to denied claims and unnecessary appeals.

Example: A veteran with tinnitus and hearing loss has a C&P examiner who fails to review service medical records showing prolonged noise exposure. The examiner states the condition isn’t service-connected with no explanation, leading to a claim denial.

#8. “Mere Speculation” Excuse (Avoiding a Decision)

Some examiners claim they “cannot provide a medical opinion without resorting to mere speculation.”

This often signals a lack of effort or an unwillingness to assess the full medical record.

In our opinion, this is a ridiculous cop-out considering the VA’s benefit of the doubt rule and the mere 50/50 standard of proof required to grant service-connection.

Example: A veteran with knee arthritis linked to years of rucking is told by the C&P examiner that they can’t say if the condition is service-connected without “more evidence.” This delays the claim unnecessarily, forcing the veteran to gather additional proof or request another exam.

What to Do If You Had a Bad C&P Exam

If you believe your exam was incomplete, inaccurate, or unfair, you must take action immediately!

Here’s a simple 5-step process you can follow:

• Step #1: Call the VA Hotline – Call 1-800-827-1000 and request a new C&P exam. Report the examiner’s errors, lack of thoroughness, or bias. Stick to the facts only.

• Step #2: Write a Memorandum for Record (MFR) – Document exactly what happened during your exam—what the examiner asked, what tests were skipped, and how they failed to accurately assess your condition. Upload this to VA.gov as part of your claim file.

• Step #3: Request Your C&P Exam Report – Ask your accredited VSO to access the exam report in the VBMS system. If the report is inaccurate, challenge it immediately.

• Step #4: Submit Independent Medical Evidence – If your exam was flawed, submit a private medical opinion, DBQ, or Nexus Letter from a qualified provider to counter the C&P examiner’s findings.

• Step #5: Appeal If Necessary – If the VA denies your claim or assigns a low rating based on a bad C&P exam, file a Higher-Level Review (HLR) or Supplemental Claim with new medical evidence.

How to Protect Yourself from a Bad C&P Exam

• Prepare and Get Educated Before the Exam – Know your symptoms, diagnosis, and how they impact your daily life. Bring medical records, buddy statements, and private doctor evaluations.

• Describe Your Worst Days – Do not downplay the severity of your symptoms. The VA rates disability claims based on the frequency (how often), severity (how bad), and duration (how long) of symptoms.

• Don’t Exaggerate – On the flip-side, do not exaggerate your symptoms. If the symptoms in your medical records paint one picture, and you exaggerate to the extreme on exam day, you can lose credibility with the C&P examiner.

• Take Notes Immediately After the Exam – If something was missed or dismissed, document it. Again, stick to the facts and the facts only.

• Request a New Exam If Necessary – If your examiner ignored key details, skipped tests, or misrepresented your condition, demand a redo. If your claim was already denied because of a bad C&P exam, you can get a new exam during a Higher-Level Review (HLR) or Supplemental Claim.

Conclusion & Wrap-Up

A bad C&P exam can be a train-wreck and derail your claim, but you don’t have to accept it.

Act fast, challenge errors, and request a new C&P exam before a claim denial or an underrating.

The C&P exam is the #1 most important day in the VA disability claims process, and you deserve an accurate and thorough evaluation.

Don’t let a bad examiner stand between you and the benefits you’ve earned through your service!

With proper education and persistence, veterans can overcome bad C&P exams and secure the VA disability benefits they deserve.

If you need expert help navigating the VA claims process, our team of VA claim experts is ready to educate and empower you to victory!

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