How a Veterans Benefits Attorney Can Help Servicemembers Through Their Compensation and Pension Exams
May 05, 2022
After applying for VA compensation or pension benefits, the VA will likely schedule the claimant for a “compensation and pension” (C&P) exam. Typically, these exams take place at a VA clinic or hospital. Unlike routine doctors’ appointments, the examiner will not provide treatment or medication; instead, they focus on evaluating a medical condition. These exams can heavily impact the outcome of a person’s claim. However, the claimant’s attorney can help them incorporate the exam findings into a compelling case for benefits.
In cases involving mental health conditions, a physician will ask questions, provide prompt responses, and may administer brief psychological tests. After examination, a physician will prepare a report summarizing the veteran’s medical history and current symptoms. Most importantly, the doctor may include a professional assessment about whether the veteran’s disabilities relate to their service; and, if so, the severity of their condition.
The doctor generally sends the report to the VA Regional Office, where an employee processes the claim. On its face, the doctor can hold a significant amount of leverage regarding whether a claimant receives compensation or pension benefits. While the report is a critical factor, it is not the only factor. The VA regional office should base its opinion and decision on all evidence.
Although attorneys cannot attend a client’s exam with them, they can assist before and after the appointment. Veterans must notify their attorney when they receive a C&P exam notice. Further, veterans should discuss what to bring to their meeting with their lawyer. In some cases, it may be beneficial to get their C-file with them to their appointment. In theory, the C&P doctor should review the C-file before the meeting, but that may not happen. Bringing essential documents to the exam may help the physician better understand the veteran’s condition.
At the exam, claimants should be forthright about the extent of their condition and the symptoms they are experiencing; in other words, do not minimize symptoms. After an exam, the claimant can talk through the appointment and any concerns with their attorney. An attorney can use this information to build their case and secure benefits for the client.
Obtain Attorney Assistance Following a Compensation and Pension Exam
If you or a veteran in your life is experiencing service-connected disabilities, contact Legal Help for Veterans, PLLC. The experienced attorneys at our office dedicate their practice to fighting for veterans’ rights. Our firm handles veterans’ claims related to a post-traumatic stress disorder, veterans’ traumatic brain injury, mental health claims, total disability based on individual unemployability, orthopedic disabilities, hearing loss and tinnitus, military sexual trauma, and other similar benefits. We handle all parts of a claim, including initial claims, appeals at the VA, increased ratings, and appeals to court. Contact our office at 1-800-693-4800 to discuss your rights and remedies with an experienced attorney on our team.