C&p Exam

[sbrewer]

Before a C&P exam is done, does the examiner look at your c-file or have it there while the exam is being performed? Are they suppose to read it before doing the exam?

Thanks,

sbrewer

[Testvet]

I have had C&P exams where the file was not there, make the doctor note the absence of it in the C&P because it makes the C&P useless, the C&P file is required for the doctor to properly assess your medical history then and now if it's not there it's not a proper C&P they have had to redo 2 of my C&P for that reason

[Guest rickb54]

Yes they are supposted to have the C/P file at all exams. I have gone to two c/p exams where the doctor did not have the file, and both wrote into the record that the file was not reviewed because it was not available. I won one of the claims the other I lost, I cited this fact among others on appeal. When I requested a new c/p exam I was told no that this was not a cause for reexam, I am still waiting on the answer to this appeal.....

[Vike17]

The only time the C-file must be with the examiner is when it's an intial claim, initial PTSD claim, when a medical opinion is needed, for claims involving POW's, and BVA remands.

See M21-1MR, Part III, Subpart IV, Chapter 3, Section A, §1 (e ).

Vike 17

[Testvet]

thanks for clarifying that all I have ever had was initial exams, I have never been called in for a re-exam and guess I won't due to the P&T rating thankfully

[Vike17]

1968,

"Please clarify. My initial claim was 1969 and my C-file number was assigned, then. Then in 2005, I filed various new claims on different problems. Are these new claims considered "reopening" or review for a higher rating, not initial"

There two instances when a veteran "Re-opens" a claim. The first is when he/she requests an increase in evalution for an already service-connected disability, and the second is when the veteran submits "new and material" evidence for a claim that is final i.e. the appeals period has run out without the veteran submitting a NOD. In these two senarios a veteran is "Re-opening" their claim.

When a veteran submits a new claim for benefits, meaning a claim that hasn't previuosly been considered at VA, is just that a "new" claim.

"These may be for another medical opinion.... but will they have the past evaluations and will they consider them in these new C&Ps or just go by what is found at the new C&P, exclusively"

For claims that are "re-opened" due to a request for an increase, the medical evidence ect... since the last C&P exam are considered. For "new" for disability compensation, all the evience sent in by the vetran and/or obtained by VA since the new claim was submitted will be considered.

You should take any relavent medical documentation pertaining to your claimed disabilities to the C&P exam for the examiner to review and send those medical records to the regional offce to insure the RVSR has them for consideration when he/she makes their decision.

Vike 17