Bad C&P Exam Response

What to Do When Your Exam Goes Wrong

A bad C&P exam doesn't mean your claim is over. There are concrete steps you can take immediately to protect yourself.
Section 1

Signs Your C&P Exam Went Wrong

Not sure if your exam was bad? Look for these red flags:

⏱️ Too short: The exam lasted 5-10 minutes for a complex condition (should be 30-60+ minutes)
📋 No physical exam: The examiner didn't perform range of motion testing, strength tests, or physical assessment
🚫 Didn't review records: The examiner admitted they hadn't reviewed your medical records or C-file
🗣️ Dismissive attitude: The examiner was rude, argumentative, or seemed to be trying to disprove your condition
❌ Wrong condition: The examiner examined the wrong body part or condition
🧠 Leading questions: "You're doing fine now, right?" or "This doesn't really bother you much, does it?"
📝 No symptom questions: The examiner didn't ask about flare-ups, worst days, functional limitations
👨‍⚕️ Wrong specialty: A podiatrist examining your PTSD, or a psychologist examining your knee
For how to prepare for your C&P exam to avoid these issues, see our C&P Exam Preparation Hub.
Section 2

Immediate Steps After a Bad Exam

1
Write a Memorandum for Record (MFR) IMMEDIATELY. Do this the same day, while details are fresh. This is your most powerful tool.
2
Document everything: Date, time, examiner name, facility, how long the exam lasted, what was asked, what was NOT asked, what was examined, what was NOT examined.
3
Note specific problems: Did the examiner use the correct DBQ form? Did they test range of motion? Did they ask about flare-ups? Were they the right specialty?
4
Get a witness statement if someone accompanied you to the exam — their observations carry weight.
5
Do NOT wait for the results. Submit your MFR to the VA immediately. You can submit it through your VA.gov account or mail it to your regional office.
Section 3

Memorandum for Record Template

Use this structure for your MFR:

MEMORANDUM FOR RECORD

Subject: C&P Examination — [Your Condition] — [Date of Exam]

1. Exam Details: I attended a C&P examination on [date] at [location] with examiner [name/description]. The exam began at approximately [time] and ended at approximately [time], lasting approximately [X] minutes.

2. What Occurred: [Describe what the examiner did and did not do. Be specific and factual.]

3. Concerns: [List specific issues — no ROM testing, no review of records, wrong specialty, dismissive behavior, etc.]

4. Impact: I believe this exam was inadequate to properly evaluate my condition because [reasons].

5. Request: I respectfully request a new examination with a qualified examiner who will conduct a thorough evaluation.

Section 4

How to Request a New Exam

Before the Decision

  • Submit VA Form 21-4138 (Statement in Support of Claim) requesting a new exam
  • Attach your MFR detailing why the exam was inadequate
  • Call the White House VA Hotline: 1-855-948-2311 to report the issue
  • Contact your VSO to advocate on your behalf
  • Submit through VA.gov or fax to your regional office

After a Denial

  • File a Supplemental Claim with new evidence and your MFR
  • Request a Higher-Level Review citing the exam as inadequate
  • File a Board Appeal and request a new exam from the Board
  • Get an Independent Medical Opinion (IMO) that contradicts the bad exam
  • See our Appeals Guide for the full process
Section 5

Filing a Complaint About the Examiner

📞 White House VA Hotline: 1-855-948-2311 — Report the issue directly
📧 VBA Contract Exam Office: File a complaint about contract examiners (VES, QTC, LHI)
🏛️ Congressional Inquiry: Contact your Representative or Senator's office — they have VA liaisons
🛡️ VA Inspector General: For serious misconduct — fraud, retaliation, or abuse
Section 6

What the Examiner Is Required to Do

The VA has specific requirements for C&P exams. If the examiner failed to do any of these, the exam may be inadequate:

✅ Review your claims file (C-file) including service treatment records and prior exams
✅ Take a complete medical history including onset, progression, and treatment
✅ Perform a thorough physical examination appropriate to the condition
✅ Complete the correct DBQ form with all required fields
✅ Address flare-ups: Ask about frequency, duration, and functional impact during flares
✅ Test range of motion in both active and passive motion, weight-bearing and non-weight-bearing (per Correia v. McDonald)
✅ Note pain on motion and where in the range of motion pain begins (per Mitchell v. Shinseki)
✅ Provide a rationale for any negative nexus opinion — not just "less likely than not" without explanation
Know your rights before the exam. Preparation is the best defense against a bad exam. See our C&P Exam Preparation Hub for condition-specific prep guides.