Does the VA consider other medical records during a C&P exam?

Jim,

Questions: Once a C&P examination is order by the regional office Veteran Service Representative, can the examiner request information from the veteran's private doctor?  Is there an official form that a veteran uses to "refute" the report that a C&P sends back to the Regional Office Veteran Service Representative?

 

Reply:

No on both counts.

The examiner is only supposed to review or accomplish what he's told to do. He isn't operating independently. The orders are so specific that I once went in for an exam of my right shoulder. There was a typo and the examiner had been ordered to examine my left shoulder. When I pointed out the obvious error, my exam was rescheduled so they could get the proper order. He could not examine my left shoulder w/o the paperwork getting fixed. Amazing, ain't it?

The examiner is supposed to be provided with the documents he needs up front. If there are civilian records and you've ensured that those are in your files at the regional office, the VSR will provide those to the examiner. If you bring records with you, the examiner may or may not accept them...he isn't required to.

If after the C & P exam you view the report and disagree with it, you shouldn't try to intervene or to correct the record. There's no decision yet so you have nothing to appeal. The best thing to do is to wait for the decision. If it isn't what you thought it should be, then you can appeal based on an inadequate exam.

If we interrupt the process by trying to argue midstream, VA is likely to start the whole thing over again and that could add years.

Appealing a denied or low-balled claim today is just another step in the process. Over 70% of claims are wrongly denied. The great majority of those are won with a simple appeal.