The Gist: If your C&P exam felt rushed, inaccurate, or biased, you’re not stuck with it. You can document the problems, request a re-exam, and even file a formal complaint — without risking your effective date. Here’s how to do it step-by-step.
What Makes a “Bad” C&P Exam?
Not every disappointing exam qualifies as “bad,” but certain issues make an exam legally insufficient under VA standards:
- Exam lasted only a few minutes or key questions weren’t asked.
- Examiner never reviewed your claims file (also called your C-file).
- Medical facts were misrepresented or ignored in the report.
- Examiner showed bias or dismissive behavior (“That doesn’t count as PTSD”).
Under 38 CFR § 4.2, the VA must return an inadequate medical examination as insufficient for rating purposes. The VA M21-1 Manual III.iv.3.D.2.b outlines when a re-exam is required if the initial one is incomplete or inaccurate.
What This Means for Your Claim: A single bad exam doesn’t define your outcome. If the examiner ignored evidence or rushed through, the law gives you the right to challenge it. The key is documenting the problem clearly and acting quickly before your decision is finalized.
Step 1 – Document Everything Immediately
Right after the exam, write down what happened while it’s fresh:
- Date, time, and examiner’s full name and credentials.
- Approximate exam length.
- Missing questions or symptoms not discussed.
- Anything the examiner said that contradicts your record.
Keep this as personal notes — you’ll summarize them later in a sworn statement.
Step 2 – Submit a Veteran Statement (VA Form 21-4138)
Use VA Form 21-4138 to formally state what went wrong. Keep it factual:
“My C&P exam on [date] was incomplete. The examiner did not review my file and refused to document [symptom]. I request a new exam or review of the report.”
Upload the form through VA.gov → Upload Supporting Evidence or deliver it to your local regional office.
Step 3 – Request a New C&P Exam
If the exam was clearly inadequate, request a re-examination through one of these paths:
- While claim is pending: Call 800-827-1000 and ask for a quality-review re-exam.
- After a denial: File a Supplemental Claim (VA Form 20-0995) with your 21-4138 statement attached.
- If you already appealed: Mention the flawed exam in your Higher-Level Review (VA Form 20-0996) or Board Appeal.
Step 4 – What to Do If You Believe the Examiner Lied
Use neutral, evidence-based language. Accusing someone of lying triggers defensiveness — focus on what’s wrong in the report.
- Compare your C&P report to your VA medical records.
- Highlight statements that are factually inaccurate (“Veteran denies nightmares” when you did not).
- Attach supporting evidence such as progress notes or prior DBQs.
If you suspect misconduct or falsification, you can also file an examiner complaint (next step).
Step 5 – How to File a Complaint About Your Examiner
Complaints go through different channels depending on who performed the exam:
- VBA Contract Examiner (LHI, VES, QTC): Submit feedback through the VBA Exam Feedback Form (PDF) or contact the provider’s helpline.
- VHA Exam (inside VA hospital): Contact the Patient Advocate office at that facility.
Be concise — include exam date, examiner name, and specific issues without emotional language.
Step 6 – Protect Your Effective Date and Evidence Trail
Don’t withdraw your claim while waiting — that resets your effective date. Instead, add evidence under the same claim number or appeal lane. Include copies of everything you submit and note the upload dates. You can verify your claim status anytime at VA.gov → Check Your Claim Status.
Quick Checklist Before You Challenge Your Exam
- 🟩 Gather your exam date, examiner’s name, and location.
- 🟩 Compare the exam report to your symptoms and medical records.
- 🟩 Write a 21-4138 statement while details are fresh.
- 🟩 Upload your evidence through VA.gov.
- 🟩 Review HadIt’s C&P Exam Guide to understand what a proper exam should include.
- 🟩 Don’t withdraw your claim.
Real-World Example
One veteran reported a 15-minute PTSD exam with no file review. They submitted a 21-4138 statement and requested a re-exam through their supplemental claim. Within 60 days they received a new exam — and a 20% increase after the corrected report. For more examples, see the discussion threads in our HadIt Community Forum.
Resources
- VA C&P Exam Guide
- VA Claims Roadmap
- How to Write a VA Personal Statement
- VA Disability Benefits Questionnaires (DBQs) – List by Condition (2025)
- 38 CFR § 4.2 – Interpretation of Examination Reports
- M21-1 Manual – Review of Examinations
💬 Share Your Experience – Ask Your Question – Discuss This Article
Has your C&P exam gone wrong? Learn from others and share what worked in our community forum:
Keywords: request new C&P exam, bad C&P exam, VA examiner lied, report VA examiner, appeal C&P exam errors
