Can New (Supporting) Evidence Be Introduced At The C&p?

[BFR]

Reading through this forum I'm not sure if it's allowed or not. Does anyone know where the "ten commandments" for C&P exams can be found?

TIA!

[Chuck75]

Forgetting about any possible regulations, and other issues - -

It depends on the examiner! The examiner may or may not look at, or may or may not accept any evidence, or may or may not note the evidence in the exam report.

The examiner may or may not have even looked at the existing medical records.

It's not uncommon for the examiner to "shortcut" the requirements of a specific exam.

It's not uncommon for an examiner to make an unsupported and incomplete exam report.

Examiners stay examiners and get raises based upon the VA's ideas, not what might be correct, fair or reasonable.

An example is an examiner saying that HBP is "essential", rather than saying "It's as likely as not" that the HBP is connected as secondary to an SC-able condition, even when

current medical practice and references relate it to the condition.

With that said - - If you have recent medical evidence that is indicative of the current severity of a condition, by all means make it available to the examiner.

In many cases, the examiner is less qualified than the source of the medical evidence. IE specialist's diagnosis vs a NP examiner's opinon.

A VA RO may take the less qualified examiner's opinion as gospel when it allows a denial. Appeals generally accept the most qualified doctor's records and diagnosis.

Parts of a Nehmer ruling on my case actually (but indirectly) cited mistakes made by the RO in a previous denial.

[sharon]

It is fine to take evidence to your C&P exam, however, make sure that you send a copy of the documentation to the Regional Office. That way you can be sure that it is a part of your claims file. The examiner many not attached the medical information to the C-file. Better safe than sorry.

[Notorious Kelly]

I agree- offer it to the examiner but submit it as evidence now.

Good luck!

[john999]

When you hand your new evidence to the C&P doctor you have no proof that you submitted it unless the exam doctor gives you a receipt and I bet he/she won't do that. Many don't even want to look at previous evidence because they want to have an independent look at you with no preconceived notions. At least that is what one told me. I think he was just lazy and need to cram in a few more exams before lunch. You need a papertrail to prove you submitted new evidence. VARO's are great at losing evidence.

[carlie]

It is fine to take evidence to your C&P exam, however, make sure that you send a copy of the documentation to the Regional Office. That way you can be sure that it is a part of your claims file. The examiner many not attached the medical information to the C-file. Better safe than sorry.

Ditto on sharon's reply -

Also, whatever you take for the examiner - take COPIE to leave with them. If the examiner says

I already have your file - kind of off the cuff just say something like, well I just got these copies to

leave with you because I don't think they've been included in my file yet and they may say - alright just

leave them here. That's the best way I know of, but as was also posted - they don't have to let you leave

these records with them. Remember the saying you get more with sugar than vinegar : - )

Be sure to follow up by submitting the same copies to your VARO and get a date stamped copy at your VARO.

Also - keep it to a minimum by just taking the strongest evidence with you.

The examiner (IMO) is more likely to accept 10-15 pages of info. versus 100 pages.

When they see you come in with a thick stack - their first thought is - ain't going to happen.

JMHO

[john999]

These C&P exam doctors get paid piece rate. They are not going to read 100 pages of evidence from a vet they talked to for 15 minutes. They are paid to give a picture of your disability as they see it on such and such a date. Then they give an opinion about your disability being SC or not SC. Better to put more effort into finding good IMO doctors or the opinions of your own private doctor if you have one.