Example of disputing C&P Exam

[Ddsr]

[broncovet]

With all due respect, I can not recommend this template.  You are essentially trying to refute medical evidence with lay evidence.  You can dispute a medical exam, but I dont recommend going about it this way.  Instead, there are better ways:

1.  Ask for an "amendment of records" based on 38 CFR 1.579, as follows: 

Quote

§ 1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

2.  Challenge the "competency" of the medical examiner.  CCK law explains this, here:  https://cck-law.com/blog/how-to-challenge-va-cp-exam

3.  Last but not least, you will likely need another medical exam to refute this doc's opinion, such as an IMO, or IME.  

     If you challenge based on the order I outlined, above, it could save you money, since IMO's tend to be expensive.  But, if numbers 1 or 2 do not produce the desired results, then get an IMO.  Remember, you can demand a written decision on 1.579, and, you can appeal that, if its unfavorable.  

    In every case, I suggest you rely heavily upon the regulations, above, or CCK (or other Vets law firm) advice over and above any lay advice I, or others provide.  

Edited July 9, 2020 by broncovet

[Ddsr]

15 hours ago, broncovet said:

With all due respect, I can not recommend this template.  You are essentially trying to refute medical evidence with lay evidence.  You can dispute a medical exam, but I dont recommend going about it this way.  Instead, there are better ways:

1.  Ask for an "amendment of records" based on 38 CFR 1.579, as follows: 

2.  Challenge the "competency" of the medical examiner.  CCK law explains this, here:  https://cck-law.com/blog/how-to-challenge-va-cp-exam

3.  Last but not least, you will likely need another medical exam to refute this doc's opinion, such as an IMO, or IME.  

     If you challenge based on the order I outlined, above, it could save you money, since IMO's tend to be expensive.  But, if numbers 1 or 2 do not produce the desired results, then get an IMO.  Remember, you can demand a written decision on 1.579, and, you can appeal that, if its unfavorable.  

    In every case, I suggest you rely heavily upon the regulations, above, or CCK (or other Vets law firm) advice over and above any lay advice I, or others provide.  

That was a successful dispute used in an HLR by an agent.

[El Train]

I sent a a formal complaint letter to the VARO due to a bad C&P exam.  Pointed out a few inaccuracies and other medical evidence.  Soon after that, I had more C&P's for the same condition.  6 months later, 100% P&T.  The VARO doesn't mess around.  Hopefully they fired this examiner.  

[blahsaysme2u]

any updates from OP. i am looking for other samples and examples of disputing C&P exams. i had an exam where the doctor didnt look at my records, didnt know what my claim was even for, didnt know why he was doing the testing and couldnt tell me how he could give a medical opinion on my case when he knew nothing about about it and that he was aware the specific test the VA was requesting him to do would not give incite on my specifica disability, which btw i was already DX by my personal doctor and he refused to look at the copies i brought to the exam for him to review.

i am not sure what to do about this! any help or advice guys?

[GBArmy]

blah Maybe you already heard this, but I would dispute it right away. HLR I assume. Have a cover letter/statement all the things you are calling out. If they don't give you another C&P exam, you do a CUE. (you don't put that in the appeal.) The DRO will see they did you wrong, I would hope. If not, higher level.