By understanding the purpose of a VA C&P exam, how to present your case, and what rights you have, you can set yourself up for a productive and fair Compensation and Pension exam.
Summary
There is a lot riding on the outcome of a VA C&P exam, so it’s natural for veterans to feel stressed about their appointments with the VA. Our team of seasoned veterans disability claims attorneys has compiled a list of practical tips for preparing for your VA C&P exam.
At VetLaw, we have provided exceptional legal assistance to vets for nearly a decade, so we understand how to build a successful VA disability claim appeal. That starts with putting your best effort into getting ready for your Compensation and Pension exam.
Don’t waste your chance to give the VA a clear idea of how your service-connected disability has impacted your life. Our veterans disability appeals attorneys can help you craft a strong appeal for VA disability benefits based on your C&P results, or pursue a higher rating, if necessary.
Call us at (855) 561-1330 or complete our contact form to schedule a free consultation.
A Department of Veterans Affairs Compensation & Pension Examination, commonly referred to as a VA C&P exam, is an examination that the VA often asks those seeking disability compensation or pension benefits to undergo as part of the process of considering their claim.
Unlike usual medical exams, a C&P exam does not involve any treatment or medicines being prescribed. Instead, this is a time for the examiner to review your medical records, including those generated by the Department of Defense and other health records. Additionally, they will look at your service record.
The reasons for this exam include determining whether your disability is a result of military service and eligible for compensation or if your condition is worsening and deserves an increased rating.
While the concept seems straightforward, virtually all matters pertaining to VA benefits have become increasingly more complicated in recent years. Veterans are having a hard time keeping up with all of the changes in procedures. Hiring a VA disability claims lawyer who specializes in these types of claims can be an asset to your case.
If you are scheduled to undergo a VA C&P exam, here are five tips that can help you ensure that the exam is productive:
Before your VA C&P exam takes place, you should begin preparing for it by writing down all of the symptoms that you experience. Also, note the frequency at which you experience them and how they impact your life. Your spouse or a friend can help you keep track of the occurrences so you can give an accurate picture of your experiences.
You are probably already aware that it is often difficult to schedule an appointment through the VA, and you may not be seen for months. If you arrive late for your VA C&P exam, your appointment will likely be canceled.
The examiner will not have sufficient time to go over your records, like a medical nexus letter, and your history with you before it is time for them to see the next scheduled patient. We recommend that you arrive for your appointment at least 15 minutes early. That way you have time to find the exam area and sign in before your exam begins.
It seems rather strange to suggest limiting information after having prepared by writing down all of your symptoms and their impact on your life (tip #1). However, limiting the information you provide doesn’t mean leaving out symptoms, nor does it mean that you should be untruthful.
It means that you should keep your answers short and only provide the information they ask you for. A good rule of thumb is to keep your answers around 20 seconds or less.
The reason for this is that the information offered in a lengthy explanation is often lost. Losing or not being able to glean the specific facts they need to make a decision can result in a denial of your claim.
Before your appointment, practice stating the reason that your disability is related to military service in 20 seconds. Ask a spouse, family member, or friend to evaluate your answer to that question so that you can work on making your answer as concise as possible.
It is important to remember that your examiner has a job to do. They are not responsible for your pain or the impacts on your life created by your service-related injury. Additionally, they are not responsible for causing the system to be overburdened and making the process of accessing VA disability benefits confusing and difficult.
Now is not the time to solicit opinions on what you should do about your condition, nor is it an appropriate time to give your opinion on the VA system, politics, or anything else. There is no reason to be rude to the examiner or to “act” injured or sick to further convince the examiner of how bad your condition is.
Your medical and military records are likely hundreds of pages long. That information — along with your concise answers to the questions asked — is the sole purpose of the appointment.
After your VA C&P exam is complete, be sure to get a business card from the doctor who conducted the exam so that you have his or her information. Document the appointment in detail.
In your notes, include information about what tests were performed, which questions were asked, any tools that were used to take measurements and what measurements were taken, and anything else of note that occurred.
VetLaw’s experienced veterans disability claims lawyers can help analyze the reasons for your initial or any subsequent denial. Additionally, we can assist you in gathering any additional evidence that can help prove your case.
Our team will guide you to pursue the appeal path that aligns with your unique circumstances. Perhaps most importantly, we can appear with you in person before the Veterans’ Law Judge who will hold your hearing and decide your case.
Since the time to file a request for an appeal is limited, call us today to schedule a free case review and consultation. You can also complete a contact form to set up a free case evaluation with one of our VA-accredited attorneys.
The purpose of the C&P exam is to determine whether your condition is related to service and/or the extent of your service-connected disability. It is not much different than a doctor’s appointment.
You’ll answer questions about your condition and the examiner will evaluate your disability with a series of tests that will vary depending on your condition.
Every claim is different because everyone’s situation is different. After your VA C&P exam, and once your claim is complete, the VA estimates it could take 3-4 months before you hear a decision.
Sometimes the VA will require veterans to undergo a reevaluation. These additional VA C&P exams could be a result of a material change in the veteran’s condition, or it may be a routine reevaluation that happens about every 5 years for most veterans with a service-connected disability.
The location of your VA Compensation and Pension exam depends on what type of provider you need and where the closest office is to you. Possible C&P exam sites include:
The VA also offers travel reimbursement covering your round trip, as do VA contractors.
Yes, veterans can potentially obtain a copy of their Compensation and Pension exam results. However, providing this information is not a standard part of the claims process for the VA.
You will need to file a Freedom of Information Act Request to obtain your detailed C&P results. Alternatively, you can submit a Privacy Act Request using VA Form 20-10206.
In some cases, yes, veterans can indicate their preference for a male or female examiner to the VA. There are certain circumstances where the VA respects requests for a male or female C&P exam provider, including:
Female veterans can request a female C&P examiner for cases that do not fit one of the criteria above. In those instances, the VA does not have to accommodate the veteran’s preference.