What if I had a bad C&P exam?

Written by Deborah Miller, PhD, HSPP - Owner and Lead Psychologist at vetnexusletter.com

I speak with veterans every day whose VA disability claims were denied, often due to the exam and medical opinion provided by a VA examiner. The examiner's DBQ and medical opinion are often the key factors in deciding whether the VA grants you service-connection. But in helping veterans obtain thorough exams and documentation for their mental health claims, it is revealed that all too often, VA examiners are rushing through exams and providing medical opinions that don't adhere to VA guidelines, resulting in poor outcomes for veterans.

If you had a bad C&P exam, don’t let it slide—it could seriously affect your VA disability claim. Here's exactly what you should do:

✅ 1. Request a Copy of the C&P Exam Report (DBQ and Medical Opinion)

• Go to your VA.gov account or call the VA to request a copy of the exam results. Your claim agent or a Veteran Service Officer should be able to quickly get a copy of your DBQ exam form as well.

• Look at what the examiner wrote. Is it inaccurate, incomplete, dismissive, or just plain wrong? Perhaps the information included on the exam form is minimal because the examiner rushed through the exam?

  
  

✅ 2. Report the Bad Exam and Write a Personal Statement (VA Form 21-4138)

• The VA says: "If you had a bad experience with the provider at your claim exam, we encourage you to report your concerns right away.

  You can report your concerns in any of these ways:

  • Give feedback on the contractor’s customer satisfaction survey

  • Write a letter (personal statement described below) and submit it as part of your claim file

  • Call the contractor who scheduled your exam

  • Call us at 800-827-1000 (TTY: 711)

  Or you can contact your local VA regional office."

  
  

• Write a clear personal statement on the VA's form 21-4138. Describe your experience in clear terms:

  • What did the examiner get wrong?

  • Did they rush you, cut you off, or not ask key questions?

  • Were they unfamiliar with your records or history?

• Be specific and include the exam date, facility, and examiner name if possible.

  
  

✅ 3. Gather Supporting Evidence

• Statements from:

  • Your treating providers

  • Friends or family (lay statements) who know your symptoms

• Medical records that contradict the C&P examiner’s opinion

• Peer-reviewed literature if the exam was dismissive of valid medical links

  
  

✅ 4. Submit a Rebuttal or Supplemental Claim

• You can:

  • Submit a rebuttal letter along with your evidence (especially useful if the bad exam is part of a denial)

  • File a supplemental claim (VA Form 20-0995) if you have new and relevant evidence

  • Ask for a Higher-Level Review (VA Form 20-0996) if you believe the VA made an error in weighing the evidence

    
    

✅ 5. Request a New Exam (Re-examination)

• If the exam was clearly inadequate, you or your representative (VSO, attorney, etc.) can request a new C&P exam due to examiner bias, incompetence, or failure to follow protocol.

  
  

✅ 6. Get an Independent Medical Opinion (IMO)

• A private IMO or nexus letter from a qualified provider can carry significant weight, especially if it addresses the flaws in the VA’s exam. Ask your examiner to review the previous exam documents, medical opinions, and the VA's rating decision letter if your claim was denied based on the poor exam. An independent examiner who is familiar with VA disability procedures should be able to review your denial letter and understand what information will be important to cover in your exam to address any deficiencies in your C&P exam.

  
  

💡 Important Tip:

Keep everything professional and factual. The goal is to show that the exam was flawed and didn't meet VA standards—not to vent.

If you need help with an exam/DBQ or nexus letter for a claim related to mental health, Dr. Miller can help. Contact her by filling out this form.