After completing your C&P exam, you might be wondering: “How do I know if my C&P exam went well?”
The short answer is you won’t know for sure until you see a copy of your C&P exam results.
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However, there are a few telling signs that you had a favorable C&P exam.
In this post, we’ll cover 3 signs your C&P exam went well as well as what to do if you had an unfavorable C&P exam.
Let’s dive-in.
How Do I Know If My C&P Exam Went Well?
Generally, there are 3 signs your C&P exam went well:
#1. The C&P examiner displayed a positive attitude toward you and your claim.
From the moment your C&P exam began, you should have had a “feeling” from the examiner.
What was his/her attitude like toward you?
Was it positive or negative?
Was the C&P examiner on-time and prepared?
Did he/she review your VA C-File and any supporting evidence?
Did the examiner have an emotional response to your physical pain or mental health struggles?
#2. The accuracy and completeness of the C&P exam.
Sometimes the C&P examiner will show you or tell you their write-up—this is a clear indicator that your C&P exam went well.
For mental health claims, did the C&P examiner ask you questions about your life before, during, and after the military?
Did he/she ask about your mental health symptoms and how those symptoms are negatively affecting your work, life, and social functioning?
Did you use specific examples of how your mental health condition adversely affects your day-to-day activities?
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For non-mental health claims (musculoskeletal conditions, etc.), did the C&P examiner use a Goniometer to measure your range of motion?
Did the examiner ask you about any painful motion?
Did he/she ask about any limitations because of your disability?
Were X-Rays, MRI results, or any other objective evidence reviewed by the examiner?
Did the examiner conduct an accurate and complete exam, answering all pertinent questions on the electronic version of the DBQ for your condition, and asking you if there’s anything you’d like to add to the record?
An accurate and complete mental health C&P examination should take a minimum of 30 minutes, with some initial exams lasting 2-3 hours.
A non-mental health exam could take 15 minutes or so and still be adequate for rating purposes.
#3. The medical opinion is favorable and includes the words “at least as likely as not.”
If you filed a claim for a new primary or secondary disability condition, the C&P examiner is required to give their medical opinion regarding service connection.
A favorable medical opinion will include the words “at least as likely as not,” (which means a 50/50 chance) whereas an unfavorable medical opinion will say “less likely than not” (which means less than a 50% chance).
- “At least as likely as not” means your condition will be service connected and the VA Rater will then assign the appropriate rating based on your severity of symptoms.
- “Less likely than not” means your condition will NOT be service connected and your claim will be denied.
On occasion, a C&P examiner might not give a medical opinion at all, and instead state something like: “no conclusion can be reached without resorting to speculation.”
If the examiner does this, the “no medical opinion” must be “based on sufficient facts or data.” See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 302 (2009).
If the examiner presented no sufficient facts or data, we recommend requesting a new C&P exam that adequately addresses the contended etiological relationship without resorting to mere speculation.
Bottom line: The VA has a duty to assist veterans, and it should request a new C&P exam with a medical opinion that’s sufficient for rating purposes.
For direct service connection, the C&P examiner must approximate the etiology of the claimed condition:
- The claimed condition was AT LEAST AS LIKELY AS NOT (50 percent or greater probability) incurred in or caused by the claimed in-service injury, event, or illness.
- The claimed condition was LESS LIKELY THAN NOT (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness.
For secondary service connection, the C&P examiner must approximate the likelihood that the claimed condition was proximately due to, or the result of the veteran’s service connected condition:
- The claimed condition is AT LEAST AS LIKELY AS NOT (50 percent or great probability) proximately due to or the result of the veteran’s service connected condition.
- The claimed condition is LESS LIKELY THAN NOT (less than 50 percent probability) proximately due to or the result of the veteran’s service connected condition.
What Is a VA C&P Exam?
A VA C&P exam is a medical examination scheduled by the VA as part of the disability compensation claim process.
The primary purpose of the C&P exam is to determine whether a veteran’s claimed disability condition is service-connected, and if so, how severe it is, based upon frequency, severity, and duration of symptoms.
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For VA disability increase claims, the C&P exam’s purpose is to determine if your symptoms are worse and warrant the higher rating criteria.
How Much Weight Does a C&P Exam Have?
The C&P exam carries a ton of weight in determining whether your condition should be service connected as well as your severity of symptoms.
In our experience, the results of your C&P exam will literally make or break your claim.
Why?
Because VA Raters rely (almost) solely on the results of your C&P exam when determining key issues such as medical etiology, service connection, and severity of symptoms.
- A good C&P exam with a favorable medical opinion (“at least as likely as not”) will result in a VA claim approval.
- A bad C&P exam with an unfavorable medical opinion (“less likely than not”) will almost certainly result in a VA claim denial.
How Do I Get My C&P Exam Results?
If your C&P exam was performed by a VA-doctor at a VA-facility, the results of your C&P exam will be in your VA medical records on MyHealtheVet in 48-72 hours.
If your C&P exam was performed by a contracted doctor at a private facility, the results of your C&P exam will be uploaded to the Veteran Benefits Management System (VBMS).
The fastest and easiest way to get your C&P exam results from a contracted provider is to have your Accredited VSO download a copy for you from VBMS.
Finally, you can get a copy of your C&P exam results (and entire VA claims file) by filing an online FOIA request for a copy of your VA C File.
Where Can I Obtain LHI C&P Exam Results?
LHI C&P exam results will be uploaded to the Veteran Benefits Management System (VBMS), which is an internal VA system that veterans do not have access to.
To get a copy of your LHI C&P exam results fast, have your Accredited VSO download a copy of your C&P exam results from VBMS.
You can also get a copy of your C&P exam results by filing an online FOIA request for a copy of your VA C File (note this can take 10-12 weeks to complete).
How Do I Get VES C&P Exam Results?
VES C&P exam results will be uploaded to the Veteran Benefits Management System (VBMS), which is an internal VA system that veterans do not have access to.
To get a copy of your VES C&P exam results quickly, have your Accredited VSO download a copy of your C&P exam results from VBMS.
You can also get a copy of your C&P exam results by filing an online FOIA request for a copy of your VA C File (note this can take 10-12 weeks to complete).
What Should I Do If I Get an Unfavorable C&P Exam?
If you suspect you’ve had an unfavorable C&P exam, there are two actions you should take immediately:
- #1. Call the VA hotline at 1-800-827-1000, speak to a representative, complain about your exam, and ask him/her to make a note in your record that you want a new C&P exam.
- #2. Write a Memorandum for Record (MFR) and upload it to VA.gov. Stick to the facts: Who, what, when, where, why, how. Document your complaints about the examiner, questions about the examiner’s qualifications, assertions that records or other relevant information or evidence was not considered, and/or requests for another examination or opinion.
If these don’t work, you can always write your state congressman and/or file a complaint with the White House VA Hotline.
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