Question:

Good Morning Jim,

I wanted to know how we can fix when VA examiners who takes our statement out of context during a C & P evaluation?  recently had a examination done for my lower back pain. The doctor asked me if there were any changes or improvement in my condition. I specifically explained that my condition has been the same since my last visit, if not worse. I recently received my decision on my claim and was notified that the doctor advised that my condition has been improving and my rating was reduced from 40% to 10%. You can imagine how heartbroken I was. How do I correct this mistake?

Jim's Reply:

The vagaries of C & P exams are daily fodder for never ending discussions about how to correct the errors the examiners made. The reality of it all is that there is no way to correct what you believe is an error in a C & P exam report. The VA disability rating system, like all things VA, is a process. We get our best outcomes when we follow the process to the letter.
 

The C & P exam isn't always or even usually the reason for a denial, there are a ton of other factors that can influence the rater so when you look at a denial, be sure you aren't blaming the C & P exam too quickly. Having said that, the C & P exam is too often the reason for an unjust denial. The C & P exam is most often done by a contractor who is a part timer...moonlighting at a side gig is the way it's usually phrased. The exam may be conducted by a relatively unqualified person rather than an M.D. who is seriously concerned about your health and well being. A nurse practitioner may not be qualified to evaluate your complex TBI and loss of an arm in combat 10 years ago.
 

The only way to fix a bad C & P report and benefit denial is to appeal the denial and obtain an Independent Medical Opinion (IMO) from an expert physician or psychologist who understands how the VA disability system works and what the rater needs to read. The IMO provider is a board certified practitioner who is familiar with all the rules and regs that VA puts on us when we apply for disability benefits. 
 

The IMO provider isn't a magician...if you don't have the evidence in your record to support your claim, the IMO doctor can't help. But if that evidence is there the IMO doc can put that in a format that will override the C & P exam report and win the benefits you earned.
 

For more, click here https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html