How To Discredit An Unfavorable VA Exam
If you’re a veteran who applied for disability and your benefits were denied, your Compensation & Pension (C&P) medical exam results may have been the problem. Being denied the help you know you are eligible for can be frustrating, especially if this isn’t your first time being turned down. Fortunately, there are several strategies you can use to discredit a VA examiner and have their decision revoked.
What Is A Compensation and Pension (C&P) Exam?
A VA Compensation and Pension (C&P) is an exam to determine the connection between your medical condition and your military service. Even if you have already been diagnosed with a medical condition by your doctor, a VA examiner, partner, or contractor must give final approval before you submit your claim. It’s also a main requirement for your VA application process. Based on the results, the VA will determine whether you’re eligible for benefits and how much compensation you’ll qualify for.
When Should You Challenge A C&P Exam?
While an examiner can reject a C&P exam for many reasons, a few cases make it easier to challenge the result. Here are three main situations where you can file a claim to discredit the VA examiner’s findings.
The Examiner Was Biased
During a VA examination, your results must include concrete medical evidence based on your condition and individual experience. However, since VA examiners see hundreds of cases each year, it’s natural that some will be similar. The VA partners’ previous knowledge may lead to examiners discrediting a veteran’s claim because it didn’t match other patients’ symptoms.
Just because a case is similar, it doesn’t mean an examiner is allowed to use other instances to deny your claim. An examiner must understand that every situation is different and cannot deny your VA claim based on assumptions.
The Examiner’s Conclusion Was Not Supported
For any exam result, a VA partner must explain how they arrived at the conclusion of denying you benefits. If your C&P results don’t describe the details of your illnesses, the connection between your disease and military service, or simply has irrelevant evidence, your chances of discrediting the examiner and requesting a new C&P exam are much higher.
The Examiner Overlooked Important Evidence
The examiner must include all pertinent information in your file for your C&P result to be valid. If the examiner left something important out, you could request another test. For example, suppose your examiner linked your illness to your job but did not mention your medical condition during your time in the military. In that case, you may discredit the examination based on the absence of evidence.
How Should You Counter Your C&P Exam Results?
When a VA doctor gives you unfavorable C&P results, you may wonder what to do next. Luckily, you can counter the examiner’s results in a few ways.
Get An Outside Opinion From A Private Healthcare Provider
Private healthcare providers are the best source of third-party opinions for discrediting your VA examiner’s results. Even if the C&P exam is essential to your claim, your doctor may have more detailed information about your specific condition. The medical expert’s opinion gives the VA another perspective when reviewing your file.
Ask For A Copy Of Your C&P Exam
Remember that the VA won’t provide you with a copy of your exam unless you ask. Having one gives you a chance to review the result’s details and find any discrepancies. Under the Freedom of Information Act, you have the right to request a copy of your results, with the option of downloading them online if you did the exam at a VA office.
Submit A Buddy Statement
A well-written buddy letter from a friend, fellow service member, or loved one who knows about your condition can give the VA another perspective that can influence their final decision. The more detailed your “buddy” is about the event that caused your injury or your current medical condition, the more weight it will have when your case gets reviewed.
Our Professional Attorneys Are Here To Help
Even if you have everything you need for your VA disability claim, there’s a chance it may still get rejected because of an unfavorable C&P exam. However, remember that your VA examiner is only one opinion, and you have the full right to discredit their findings if you know the result was incorrect.
If you’re a veteran who wants to file a claim against an unfavorable exam, our professional veterans’ disability attorneys can help you win your case. Please fill out the contact form on our website or call us at 855-599-2141 to schedule a free consultation today. We serve Long Island, Brooklyn, Queens, and more.