How to challenge a C&P exam

[Yoshi1992]

Hi Everyone,

  On January 7, VA contractor, VES, did my C&P exam .  After nearly pulling teeth trying to get a copy of the exam from the VA, I finally got it a few days ago.  Although the doctor found that I have the condition and found that it was caused by military service, she was way off with her box checks for my symptoms--missing or ignoring several of my symptoms.  Also, her assessment of my symptoms conflicted with my privately provided DBQ.  It's frustrating because I answered the questions the same way with both doctors.

  Can I challenge/dispute the VES contractor's C&P findings?  If so, where can I find the rules for how to do this?  And how much time do I have?

  Thank you in advance for your advice on this.

[GBArmy]

Hi Yoshi1992 Welcome to Hadit. First of all, congrats on getting a C&P exam done by an outside vendor from the VA; not easy to do. Sounds like you have not yet received your decision letter yet. There is more than one way to approach your problem, so others can chime in here also, but this is what I would do. I would wait to get your decision letter; if she found it to be S-C, that is big. The issue is symptoms. If your decision letter comes down and you are granted a rating, even though it is low-balled, you can then challenge it for a higher rating. You could go t HLR, where the DRO can eval both diagnosis of symptoms and possibly give you the higher rating, or possibly require an additional C&P be done to be sure you have an accurate eval. I wouldn't recommend this route as it more often than not is just a rubber stamp. The benefit of doubt is supposed to go to the veteran on differing or conflicting evidence, but the VA somehow forgets that. Or, again, assuming you were S-C, go to the BVA, with or without new evidence. I'd chose no additional; it is quicker and you can always go out and get new evidence and submit again. Third option is to go out and get more evidence that supports your symptoms from another doc and after you get your decision letter, submit a supplemental appeal for an increase. Point here is you have options and it's your claim; you make the choice that is best for you.

[pacmanx1]

I agree with GBArmy, it appears that you have not received your rating decision and it looks like you have two positive C & P exams. Your concerns are that the VA may low ball your rating percentage. So, IMHO (IN MY HUMBLE OPINION) you should wait for your rating decision and then go from there. If the VA low ball your rating you can simply file a disagreement and submit (point out) evidence that you meet the higher rating criteria. You can also get your treating doctor update your symptoms in your treatment notes/records. 

[Oliver]

I had a similar problem. I was granted SC, but 0%. The rating schedule for Hypothyroidism says I should have gotten 30% with the symptoms I told the C&P examiner. Can somebody tell me what to do? I'm going to see a VA Endocrinologist specialist. Maybe I can get some of my symptoms diagnosed as residuals. That's what my VSO wants me to do then she will file a supplemental claim. Also, how do I get a copy of the exam?

[Buck52]

1 hour ago, Oliver said:

I had a similar problem. I was granted SC, but 0%. The rating schedule for Hypothyroidism says I should have gotten 30% with the symptoms I told the C&P examiner. Can somebody tell me what to do? I'm going to see a VA Endocrinologist specialist. Maybe I can get some of my symptoms diagnosed as residuals. That's what my VSO wants me to do then she will file a supplemental claim. Also, how do I get a copy of the exam?

Please Read pacmanx1 above post...you can Appeal the decision if you disagree with what they rated you from your symptoms,  just get the rating criteria for all your symptom's  and copy them send it in with your disagreement (NOD)  IF YOUR VSO CAN FIND A DR. TO HELP  SURE DO IT.

If the VA did your C&P wait about a week and check with the release of medical records at your VAMC or wait 3 days and ask them if your exam  you had on (date) is in they can check it to see if it is  then it will automatically print the copy you ask for.

 

If a outside contractor did it  you may need to wait a few weeks before you can get the exam report...the examiner needs to file it with the VA AND VA MAKES COPIES AND SENDS THEM OUT TO THE APPRAIOATE CLINICS AND R.O.

[Vync]

When we entered and exited the service, those examinations had two parts. Part one was where you checked off your complaints. Part two was the doctor's assessment. I kind of wish the VA did their C&P exams like that. It would help to ensure that the subjective/lay statements could be accurately considered. My last two C&P exams done by VA contractors were way off target because they almost completely omitted everything I told them verbally.