SERVING
Those That
SERVED
Questions & Answers
INSTRUCTIONS: Please read each question carefully. If you are able to answer question appropriately use the form below the question to respond. Your name will not appear on the public answer page. Only your initials and date of your response will be visible.
Q713: Last week I had a comp & pen exam for anxiety and during the exam the “doctor” barely asked me questions that pertained to my military experience. After the exam I realized she missed a lot of information that would link my anxiety to military service. Is there any way I can request another comp & pen exam?
If you have a question about benefits, compensation, pension or VA related issues please submit here.
Use Form Below To Respond
Your generous gift will go directly to helping veterans and dependents. We simply cannot continue without your help for our community of veterans and dependents who count on us for our Veteran Pantry. Your support will make a lasting impact.
A1: Quit missing around with all the regional people and ask for a hearing with the board of veterans appeals (BVA) the judges are all vets. (RM) 5/16/21
A2: I would wait until you hear from the VA on the exam to see how the rating is done and if you feel it should have higher do a 20-0995 a supplement claim and then submit the evidence that you think would warrant a higher rating. (GR) 5/16/21
A3: Contact the VSO who submitted your claim. If you did it yourself contact an Accredited VSO with the VFW, Am Legion, Am Vets or your State Dept of Veterans Affairs. Do not listen to "stockade lawyers", as they have never filed a claim. Remember all claims are different. But yes you can request another C&P. However, let an Accredited VSO guide you through the process. I hope you took and recorded copious notes during your C&P. (GH) 5/16/21
A4: Asking for an appeal at this point is ridiculous. File for a Higher Level Review (VA Form 20-0996). Also include a VA Form 21-4138. On this form explain that you had a bad evaluation and site 38 CFR 4.70 - Inadequate examinations. 4.70 Inadequate examinations.
If the report of examination is inadequate as a basis for the required consideration of service connection and evaluation, the rating agency may request a supplementary report from the examiner giving further details as to the limitations of the disabled person's ordinary activity imposed by the disease, injury, or residual condition, the prognosis for return to, or continuance of, useful work. When the best interests of the service will be advanced by personal conference with the examiner, such conference may be arranged through channels. (RJ) 5/17/21
A5: What I would do as your representative is to review what the "doctor" put on your DBQ. I can read the DBQ in the VA system called "VBMS", the system used to promulgate claims. If it looks as you say, then we can go to the VA with a 21-4138 explaining how you feel the C&P exam was inadequate. You can also obtain a blank DBQ and have your own mental health provider complete the DBP. The key in any VA claim is to have a current dx and then tie it to something that happened in your STRs or an event in the military. This dx can also be claimed as secondary to your SC disabilities. (DS) 5/17/21
A6: ABSOLUTELY! With the VA farming out most C&P DBQ's to civilian agencies, if you believe you were not treated right, first take your concerns to your senior Patient Advocate (located at your VAMC) with your complaint. We have been able to get a number of such examiners removed from the VA's authorized list through this process. If you don't get satisfaction through your Patient Advocate, there is a new Veteran's Complaint website that is now available to us to get our concerns aired. It is: Click here. As a last resort wait for the VBA's decision and then go through the disagreement process. (TB) 5/17/21