C&P Exams?

[Buck52]

 PTSD Forensic  PTSD Exam,

What can a veterans do if the C&P Examiner fails or ignore some sound evidence  during the Exam? (not maked the boxes ) and the out come is a denial? 

would this be reason to cue? or simply ask for another C&P Exam because  the one that got the denial was inadequate or incomplete ?

  failure to read or ignore crucial evidence is a major error I would think  and just cause the veteran more delays.

How would  veteran request another C&P? And who and were would he send the request? Without going the NOD Rout? if possible

Thanks in Advance

Edited December 31, 2017 by Buck52

[toddt]

Good question.  I recently had a C&P exam where, I believe, the examiner (a PA) did not check one of the boxes that should have been checked.  My feeling is that she, the PA, was not familiar with a medical term on the DBQ.  I contemplated firing off a letter to the RO pointing out the mistake but have decided to wait for the RO to issue either a denial or a reduced compensation award, then I will NOD on the basis of incompetent examiner.

[Buck52]

If I understand it  they can use evidence that was not read or used and ignore to help substantiate the claim..its letting them know that is the problem.

[Gastone]

I think the answer depends on a VMC C & P DBQ or an Outsourced C & P DBQ. It all comes down to how soon the Vet realizes there is a possible problem.

If the problem is realized immediately, filing a 21-4138 addressing the supporting Evidence of Record that was not considered by the DBQ Clinician and attaching Pdf's of the EOR or New & Material Evidence, should be adequate for the Raters Decision.

Sooner is much better than later. A Vet Dragging his feet will end-up locked in a NOD.