Veterans Benefits Blog

What is a C&P Examination?

Three things must be shown for a veteran to be eligible for disability compensation benefits from VA.

1) The veteran must have a current disability.
2) The veteran must have been injured or developed a disease in service, or have had a pre-existing condition which was made worse by service.
3) There must be a nexus between the in-service event or injury and the current disability. This usually means that a veteran needs to provide medical evidence that his or her current disability was caused or made worse by something that occurred during military service.

If a veteran is seeking service connection for a disability, the Compensation and Pension Exam (C&P Exam) is used by VA to establish the above requirements. The exam can be used to determine whether the veteran has a current condition and whether that condition is related to his or her service.

If a veteran is seeking an increased rating for a disability because it has gotten worse, a C&P exam can be used to determine the severity of a current condition.

Along the same lines, if VA believes that a veteran’s condition has improved or if the condition is one that requires reevaluation, VA can order an examination to determine the current severity of the condition.

If you are applying for disability compensation for multiple disabilities, each disability will be separately evaluated. Some facilities will complete all of the examinations at once; others will require you to report for multiple exams. It is important that you report to all of your scheduled exams.

What happens if I don’t go?

It is vital that you attend any scheduled C&P examinations. Failure to attend an exam can result in denial or termination of benefits.

• Newly filed claim for compensation

When a veteran fails to report for an examination, without good cause, the claim will be rated based on the evidence already contained in the file.

• Reopened claim or Claim for Increase

When a veteran fails to report for an examination, without good cause, the claim will be denied.
• Reexamination

When a veteran fails to report for a reexamination, VA will issue a pre-termination notice advising the veteran that payment will be terminated or reduced. The veteran will be provided with 60 days to indicate his or her willingness to report for the reexamination.

Good cause may include the illness or hospitalization of a veteran or the death of an immediate family member.

What if the date doesn’t work for me?

If you have a conflict with the scheduled date and time of your VA examination, contact the individual listed on your exam notification letter. C&P exams can be rescheduled on a one-time basis when the veteran requests that the examination be postponed for a valid reason. You should reschedule your examination as soon as you realize you have a conflict. Remember, if you do not reschedule your exam and you fail to attend, your benefits may be denied or terminated.

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On December 19, 2011, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Murton v. Shinseki , 2011 U.S. App. LEXIS 25123, 2011-7058 (Dec. 19. 2011) (nonprecedential) vacating that part of the United States Court of Appeals for Veterans Claims (Veterans Court) decision that addressed the merits of the veteran’s psychiatric disability claim.

The Federal Circuit issued a decision finding, in particular, that “[b]ecause the Veterans Court did not have jurisdiction over [Mr.] Murton’s psychiatric claim, it should not have addressed that claim, and that portion of its opinion cannot be sustained.”

David Lowenstein argued the case before the Federal Circuit on behalf of the veteran, Mr. Murton. Although the decision is nonprecedential, in other words, it lacks binding authority over other cases, the Federal Circuit’s decision has essentially upheld the rule of law that stands for the proposition that the Veteran’s Court lacks jurisdiction to review a claim on the merits when VA has not yet decided it in the first instance.

The purpose of the appeal to the Federal Circuit, or any appeal of an unfavorable decision, is to make what is wrong correct. Having a right to appeal a decision does not necessarily make it proper to appeal. It is recommended that a detailed review of a decision be made before any appeal is filed. Understanding why the decision was made is just as critical as understanding what an appeal would accomplish, if anything.

If you are in need of deciding whether an appeal is warranted in a veterans-related case or are in need of representation, please contact David Lowenstein at http://www.goodmanallen.com/people/bio/david-j-lowenstein, or any other attorney in our veterans practice at http://www.goodmanallen.com/practice-areas/detail/veterans-benefits, or http://www.veteransbenefitgroup.com/

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