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October 12, 2024

Is a Third C&P Exam a Good Sign for My VA Disability Claim? What Veterans Really Need to Know!

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You likely found this blog post because you’ve been scheduled for a third C&P exam, and you’re wondering: “Is a third C&P exam a good sign?”

Based on VA Claims Insider’s experience working with over 25,000 veterans since 2016, a third C&P exam is typically not something to worry about.

In fact, it often indicates the VA is taking extra steps to ensure all aspects of your claim are thoroughly evaluated, which could lead to a more favorable decision or help avoid a denial.

Let’s explore why the VA might have ordered a third C&P exam for the same condition, what it could mean for your claim and rating, and how you can approach it to maximize your chances of a favorable rating decision.

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Summary of Key Points

  • A third C&P exam is often a positive sign: The VA may schedule a third or even fourth C&P exam to ensure that all relevant evidence is carefully examined, that your claim is handled fairly, and that the most accurate decision is made. This shows the VA is taking extra steps to gather the necessary information, which can increase the likelihood of a favorable outcome for the veteran, rather than making a rushed decision based on incomplete or conflicting data from prior exams.
  • Complex conditions or conflicting results from earlier C&P exams: Veterans with multifaceted conditions, like musculoskeletal injuries combined with nerve damage or PTSD, may require additional evaluations to fully understand how these conditions impact daily functioning. Inconsistent findings from earlier exams, such as differing severity ratings, also prompt the VA to seek further clarification through additional exams.
  • New evidence or worsening conditions: When veterans submit updated medical records or demonstrate that their condition has worsened over time, a third C&P exam provides the VA with an opportunity to reassess the claim. This is essential for ensuring that the latest medical developments are properly considered in determining the veteran’s rating and benefits.
  • The goal is to ensure accurate ratings and prevent denials: By ordering a third C&P exam, the VA aims to avoid making errors or prematurely denying a claim. They seek to ensure that all evidence is thoroughly reviewed, and any discrepancies or gaps from prior exams are resolved. This process helps ensure that the veteran’s disability rating accurately reflects the severity of their condition and the compensation they deserve.

Why is the VA C&P Exam So Important?

The VA Compensation and Pension (C&P) exam is the number one most important day in the VA disability claim process.

Why?

Because it’s the day that a VA-contracted examiner or VA medical provider assesses key elements of your condition, such as:

  • Diagnosis and Severity: Determines whether you have the claimed condition and the severity of symptoms in terms of frequency (how often), severity (how bad), and duration (how long) as well as negative impacts to your work, life, and social functioning.
  • Medical Opinion for Service Connection: Evaluates whether your condition is directly related to your military service or secondary to an already service-connected disability. The C&P examiner will give their medical opinion for service connection, typically with one of two statements:
    • “At least as likely as not” (50/50 chance): This means that the examiner believes there is a 50% or greater likelihood that the condition is related to military service. This opinion favors the veteran and often results in the granting of service connection.
    • “Less likely than not” (less than 50% chance): This indicates that the examiner believes there is less than a 50% chance that the condition is related to military service. This typically leads to a denial of service connection.
  • Functional Impact: The examiner reviews how your condition negatively affects your daily life, work capacity, and overall quality of life.

The results from the C&P exam are mission critical to determining:

  • The “Nexus” for Service Connection: Whether your disability is linked to your military service or another service connected disability for secondary service connection.
  • Final VA Disability Rating: How severe your condition is, which determines your final VA rating and the amount of monthly compensation you’ll receive.

In essence, your C&P exam holds significant weight in the VA’s decision-making process.

A strong exam can lead to a favorable claim decision and an accurate disability rating, making it a crucial step in your VA disability claim journey.

Why Would the VA Request a Third C&P Exam?

While it’s wildly frustrating to be called back for yet another C&P exam, a third exam isn’t necessarily a bad sign.

In fact, it can often be beneficial.

The VA requests additional exams to ensure that all relevant evidence is thoroughly reviewed, your case is treated fairly, and they arrive at the most accurate decision.

We’ve seen veterans get three, four, and even five C&P exams for the same condition.

Here are the common reasons why the VA may request a third or fourth C&P exam:

#1. Complexity of Your Condition

Certain conditions, especially those involving multiple systems like musculoskeletal injuries with nerve involvement, PTSD, or neurological conditions, can require additional evaluations. For example, if your condition affects both physical and mental health, it may need further investigation. In these cases, a third C&P exam ensures that the VA gathers all necessary information to fully understand your condition and provide an accurate disability rating. The goal here is a more comprehensive review, which can lead to a more favorable rating.

#2. Inconsistent Results from Previous C&P Exams

If your first two C&P exams resulted in conflicting or inconsistent findings, the VA may request a third exam to clarify the discrepancies. For example, if one examiner reports moderate symptoms and another reports more severe symptoms, a third exam helps resolve the differences. This exam is an opportunity to provide additional clarity and ensure that the examiner fully understands the severity of your condition. It’s a chance to present consistent information that could lead to a higher disability rating.

#3. New Evidence or Worsening Condition

Veterans sometimes submit new medical evidence after their initial C&P exams, or their condition worsens over time. When this happens, the VA may request a third exam to reassess your condition in light of this new information. Whether it’s updated medical records, specialist opinions, or new diagnostic tests, this new evidence can significantly impact your claim. A third exam allows the VA to consider this new information, which can help increase your disability rating and result in a more favorable decision.

#4. Duty to Assist and Identifying Errors

Under 38 CFR § 3.159, the VA has a “Duty to Assist” veterans by gathering all the relevant medical evidence to support a claim. If the VA finds that something was missed or inadequately addressed in the first two exams—such as the medical etiology for direct service connection, secondary service connection, or aggravation—they may order a third exam to correct these issues. The VA may also schedule a new exam if the initial examiner failed to follow proper procedures, misinterpreted information, or failed to document key details. While the extra exam may seem like an inconvenience, it’s actually a way to ensure that all necessary evidence is considered before making a final decision.

#5. Bad First or Second C&P Exam

If you believe your initial C&P exam was not conducted properly—perhaps the examiner did not thoroughly review your medical records, or you felt the exam was rushed—there are actions you can take. You can call 1-800-827-1000 to request a new C&P exam, or the VA Rater (RVSR) might have already identified the problem and ordered a second or third exam on your behalf. Biggest thing is you need to take action if you had a bad C&P exam! Don’t just leave it to chance.

Is a Third C&P Exam a Good Sign?

In most cases, yes—a third C&P exam can be a good sign.

Here’s why:

  • More Thorough Evaluation: A third C&P exam is often requested when the VA feels that your condition wasn’t fully assessed in prior exams. This extra evaluation allows the VA to ensure every aspect of your disability is properly documented, especially if the impact on your daily life, work, or social functioning was not adequately captured before. For example, symptoms such as pain, limitations in mobility, or mental health issues may not have been fully considered in previous exams. A more thorough evaluation helps the VA assign the most accurate disability rating, potentially leading to higher compensation if your condition is found to be more severe than originally documented.
  • Correcting Mistakes or Errors From Previous C&P Exams: If previous C&P exams were incomplete or improperly conducted, a third exam provides an opportunity to correct those errors. For instance, the second C&P examiner may have failed to complete the condition-specific Disability Benefits Questionnaire (DBQ) properly or missed essential elements, such as the medical etiology or detailed functional limitations. By scheduling another exam, the VA ensures all necessary information is gathered, making sure the evaluation process adheres to VA guidelines and is fair and accurate. This step can significantly improve your chances of receiving a more favorable decision if previous errors affected your claim.
  • Preventing a VA Claim Denial: The VA may order a third exam to prevent making a rushed or incorrect decision that could result in a denial of your claim. Often, discrepancies between the findings of the first and second C&P exams—such as conflicting medical opinions or insufficient evidence—require clarification. For example, the first examiner might have failed to provide a detailed medical opinion on whether your condition is service-connected, while the second examiner may have provided a more thorough medical opinion, but missed other critical details. By ordering a third exam, the VA aims to resolve any inconsistencies and ensure they have all the information necessary to make a fair decision on your claim.

What Should I Do to Be Educated Before a Third C&P Exam?

If you’ve been scheduled for a third C&P exam, here’s how you can maximize your chances of success:

  • Submit New Evidence: If you’ve experienced a worsening of your condition or have obtained new medical records, ensure they are submitted to the VA before your exam.
  • Be Clear and Consistent: During the exam, be prepared to clearly explain your severity of symptoms and how they impact your work, life, and social functioning with examples. Inconsistent or vague answers can lead to further delays or negative outcomes.
  • Document Any Concerns: If you’ve had issues with previous exams (such as examiners missing key details or not thoroughly reviewing your records), make sure to mention these concerns during your third exam.
  • Bring Supporting Documents: It’s a great idea to bring hard copies of essential documents with you on the day of your C&P exam. Items like recent medical records, a DBQ, Nexus Letter, personal statement, or buddy letter can help jog your memory during the exam, and the C&P examiner may also find it useful to review them. Having these on hand ensures you’re fully prepared and can provide clarity during your evaluation.

Multiple C&P Exams: Is There a Limit?

There is no fixed limit on how many C&P exams a veteran might undergo.

The number of exams depends on factors such as the complexity of your condition, the need for additional medical evidence, and whether discrepancies in prior exams need to be resolved.

Conclusion & Wrap-Up: Additional C&P Exams Are Usually a Good Sign

While a third or fourth C&P exam might feel like just another hurdle, it’s usually a sign that the VA is taking extra steps to ensure your condition is evaluated properly.

Whether it’s resolving inconsistencies, reassessing new evidence, or fulfilling the VA’s duty to assist, these exams are often necessary to make sure you receive the benefits you deserve.

Approach the third exam as an opportunity to present new information and ensure that your claim is fully supported.

With preparation and honesty, this additional step could help tip the scales in your favor to ensure you get the VA rating and compensation you deserve!

About the Author

Brian Reese
Brian Reese

Brian Reese

Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.

A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.

Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.

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