Dealing with a Bad C&P Examiner
Overview
Some Compensation and Pension examiners act as gatekeepers attempting to deny or lowball claims, while others simply perform inadequately. Veterans have recourse options when facing substandard examinations.
Pro Tip: Some C&P examiners act like they get a bonus for every denial. If your exam was 5 minutes, the examiner didn't examine anything, or they were openly hostile—document everything and request a new exam. You're not stuck with their garbage opinion.
Warning Signs of a Bad Exam
- Examiner seems dismissive or disinterested
- Exam is very short (under 10 minutes for complex conditions)
- Examiner doesn't ask about your worst symptoms
- Examiner makes inappropriate comments about veterans or your condition
- No physical measurements taken when required (range of motion, etc.)
- Examiner assigned is wrong specialty for your condition
Battle Plan
The recommended immediate steps include:
1. Obtain the Examiner's Name
Ask for their name and credentials before leaving. You have a right to know who examined you.
2. Research Their Experience
Look up their specialization and credentials. A nurse practitioner shouldn't be evaluating complex orthopedic or mental health conditions.
3. Draft a Memorandum for Record (MFR)
Document specific examination deficiencies immediately while details are fresh.
4. Contact the VA
Call 1-800-827-1000 to report the inadequate exam and request a new one.
5. Present Your MFR
Formally request another C&P exam with documentation of why the first was inadequate.
6. Upload Documentation
Submit your MFR to your claim via eauth.va.gov
Valid Grounds for Requesting a New Exam
- Unprofessional conduct: Disrespectful treatment or dismissive comments
- Inattention: Examiner distracted or unengaged during the process
- Bias: Evidence of prejudice against military service or veterans
- Lack of qualifications: Wrong specialist assigned (e.g., nurse practitioner conducting mental health evaluation)
- Improper procedures: Failure to use required measurement tools like goniometers for range of motion
- Rushed evaluation: Insufficient time to explain condition severity
- Factual errors: Examiner recorded incorrect information about your history or symptoms
- Incomplete evaluation: Examiner didn't assess all aspects of your claimed condition
The Memorandum for Record (MFR)
The MFR should be completed on VA Form 21-4138 and remain factual and specific.
Important: There is no place for feeling-based language or rambling criticism in this letter.
MFR Template Elements
- Date, time, and location of the examination
- Examiner's name and credentials
- Duration of the examination
- Specific deficiencies observed:
- What wasn't asked
- What measurements weren't taken
- What symptoms weren't assessed
- Any inappropriate comments
- Your expected examination based on the condition type
- Request for new examination
Sample MFR Points
- "The examination lasted approximately 8 minutes for a complex spinal condition"
- "The examiner did not use a goniometer to measure range of motion"
- "I was not given opportunity to explain how symptoms affect my daily activities"
- "The examiner made the comment 'everyone has back pain' dismissing my condition"
Additional Reporting Options
- Complete contractor satisfaction surveys when received
- Contact the scheduling company directly (QTC, LHI, VES)
- Call the White House VA Hotline at 1-800-698-2411
- Contact your Congressional representative's office
- File a complaint with the VA Office of Inspector General
Important Notes
- Poor online reviews don't automatically indicate examiner incompetence. Dissatisfied claimants may blame examiners despite insufficient supporting evidence
- If you cannot get a new exam, you can alternatively submit personal statements explaining symptom severity
- Consider obtaining an Independent Medical Opinion (IMO) to counter a poor C&P exam
- Document everything immediately after the exam while details are fresh
After a Bad Exam
If your claim is denied based on a bad exam:
- Higher Level Review (HLR) - Can request new exam if you identify exam deficiencies
- Supplemental Claim - Submit additional evidence including IMO
- Board Appeal - Request a hearing to present your case
Legal References
- 38 CFR § 3.326 (Examinations)
- 38 CFR § 3.327 (Reexaminations)
- 38 CFR § 4.70 (Inadequate examinations)