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Q781: I applied for an increase in 2016. The VA made me take four C & P exams in 2017 for my disabilities and again I took four more in 2018 for the same disabilities. I was denied so I hired an attorney. With the help of the attorney, the VA then made me take four more C & P exams for the same disabilities in 2020 and four more again in 2021 for the same disabilities. Now they want to schedule me for the same four exams for my disabilities again at the end of 2021. Why I am getting so many C & P exams? Can’t the VA use the previous 16 exams, especially the 4 I took in May 2021 to make a decision on my case? Can I request the VA just use my last C & P exam since it was only 5 months ago?
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A1: When you receive your C&P exam make sure that you get a copy of the examiners report of the exam. I find so many times more so than not it's highly exaggerated whether it's QTC or LHI etc grossly exaggerated in a negative way that's definitely not going to help your claim at all. When you see the results and they're grossly exaggerated immediately call the VA and ask for a another examination by a different examiner. Do this ASAP. (DJ) 10/25/21
A2: It is really difficult to answer this w/o knowing what the particulars are with your claim. It is highly unusual for someone to have this many C&P exams for the same contentions. I could see if you were denied and you asked for a higher level review and the DRO decided the VA didn't do what they were supposed to do the first time and they asked for more exams. You said you hired an attorney so I am only assuming you appealed the claim. Sometimes on an appeal, the prior exams are too old to use so the the VA needs updated exams showing your current level of disability. Then the judge may ask for an exam. Again, I am just speculating. (DS) 10/25/21