My VA disability benefits were denied after my medical exam. Can I request a new exam?

If you received a notice that your VA disability benefits were denied, you should immediately obtain a copy of the Compensation and Pension medical exam results. In addition to your other medical evidence, a copy of these results will show what factors the doctor considered in your case and why your claim was denied.

Even if you disagree with a VA doctor’s conclusions in your C and P exam, you must be able to successfully prove that the doctor’s opinion is not accurate. In some cases, veterans may be able to prove that the C and P exam doesn’t provide a thorough picture of the disability because the doctor overlooked evidence, drew an inadequate conclusion, or failed to use the facts of your case.

Let’s explore each of these areas in a little more detail.

If your VA medical examiner overlooked evidence that could make a difference in your claim, you can challenge the decision and ask for a new exam.  For example, if you suffer a breathing problem that your doctor attributes to your former smoking habit but ignores your exposure to a burn pit or chemicals, you could argue that the doctor overlooked evidence.

Your doctor must draw an adequate conclusion..that is they must reasonably articulate how they arrived at an opinion, which led to the denial of your claim. A C&P conclusion should describe the details of your condition, address your statements about your injuries, and state why the evidence used in the conclusion is relevant or not. A stand-alone statement such as “the evidence suggests that the disability did not arise during service” is not sufficient enough to deny VA benefits.

If you believe that your doctor made an error in the assessment of your case, we can help. The attorneys at Cuddigan Law can help determine if you have grounds to request a new examination, and we do not get paid unless we win your case. Contact us today for a free evaluation of your situation.

Sean D. Cuddigan
SSA and VA Disability Attorney in Omaha, Nebraska