Dealing with a Bad Examiner
Some Compensation and Pension examiners act as gatekeepers protecting the sanctity of the VA disability process. Going the extra mile to do everything they can to get you denied or low balled.
Bad Examiner
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Some Compensation and Pension examiners act as gatekeepers protecting the sanctity of the VA disability process. Going the extra mile to do everything they can to get you denied or low balled.
Then, there are other examiners that just suck at their job...
But what is a Veteran to do?
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Battle Plan
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Do the following as soon as possible:
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Get the name of your examiner.
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Find out your examiner's experience/specialization.
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Write out a Memorandum for Record (MFR) and detail why the examiner was bad.
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Call the VA at 1-800-827-1000.
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Read them your MFR and tell them you are requesting another C&P exam.
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Upload your MFR to your claim.
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Memorandum for Record (MFR)
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This is a letter in which you detail what went wrong during the exam. Your letter should stick to the facts and be specific. There is no place for "FEEL or FELT in this letter! It should also NOT be a rambling rant, full of expletives!
Your letter should be done on a VA Form 21-4138.
Here are several examples in which you should request another examination:
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Examiner treated you poorly;
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Examiner did not pay attention to your answers;
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Examiner had a personal agenda against the military or Veterans;
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Examiner was not qualified or specialized enough to conduct the exam;
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Did you have a Nurse Practitioner (NP) or a foot doctor conduct your mental health exam?
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Examiner did NOT use a goniometer to measure your Range of motion (ROM);
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Examiner rushed through everything; or
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Did you not have a chance to explain how your disability affects you?
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Examiner was clueless/confused about what they were doing.
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Memorandum for Record Example
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I am requesting another Compensation and Pension Examination.
On MM/DD/YYYY, I had a Compensation and Pension Examination at location. The examination was done by examiner's name.
From walking into the examiner's room to me walking out the door. The exam took less than 10 minutes. During which, I was not asked or allowed to tell the examiner how my conditions affect me. Further, when the examiner manipulated my joints to determine my range of motion, they did not use a goniometer.
Due to the shortness of the examination, not being given the opportunity to explain how my conditions affect me, and the failure to use a goniometer to get accurate measurements, I am requesting another Compensation and Pension Examination so that the VA will be provided a more accurate and complete report of my conditions.
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FAQ
My examiner has a lot of bad ratings online what should I do?
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You can call the contractor/VAMC that is conducting the exam to reschedule your exam in the hopes of getting a different examiner.
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Do know, just because someone has poor online reviews. It does not mean they are a bad examiner. People can attribute their denial to an examiner who by all rights isn't bad, but the Veteran themselves didn't have evidence to support service connection. Plus, who is more likely to go online a write a review: Someone who had a fantastic experience or someone who felt slighted?
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My examiner wasn't bad but I didn't feel like I properly explained my symptoms or their severity. Is there anything thing I can do?
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Yes, you can call the 1-800 number and request another exam. Just know again, that the VA is not obligated to provide you with another exam.
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Should I get an Nexus Letter/Independent Medical Opinion or DBQ?
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Not necessarily. Even if you felt you got a bad exam, it is still possible that you will get a favorable outcome. While the exam is a large piece of your claim puzzle, it is still just a part.
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