You will often hear that the VA is required to offer a C&P (Compensation and Pension) Examination for Veterans seeking compensation for a service-connected disability.  It is true that, as part of the VA’s Duty to Assist, it may have to offer an examination to the Veteran seeking compensation or benefits.

The BVA issued a recent decision in which it found that a Veteran was not entitled to a C&P exam for the portion of his claim having to deal with leukemia – because there was no evidence of a diagnosis of leukemia.  The BVA stated the criteria that it believes require the VA to offer a C&P exam:

The BVA said: “In determining whether the duty to assist requires that a VA medical examination be provided or medical opinion obtained with respect to a Veteran’s claim for benefits, there are four factors for consideration. These four factors are:

(1) whether there is competent evidence of a current disability or persistent or recurrent symptoms of a disability;

(2) whether there is evidence establishing that an event, injury, or disease occurred in service, or evidence establishing certain diseases manifesting during an applicable presumption period;

(3) whether there is an indication that the disability or symptoms may be associated with the Veteran’s service or with another service-connected disability; and,

(4) whether there otherwise is sufficient competent medical evidence of record to make a decision on the claim. ”

In this recent decision, the BVA focused on the third factor, stating that it is a “low threshold”  and “requires only that the evidence indicate that there may be a nexus between a current disability or symptoms and the Veteran’s service”, including: equivocal or non-specific medical evidence, credible evidence of continuity of symptomatology, lay statements of pain and other symptoms, etc.

If the VA did not offer you a C&P exam, there really are only two reasons: 1) the VA messed up and did not offer one when they should have, or 2) the Veteran didn’t provide enough information to trigger the Duty to Assist.  If your claim for disability compensation was denied, and you did not receive a C&P examination from the VA, it is more likely than not that the VA made an error.  You might want to consider having an attorney or experienced and proactive VSO take a look at the VA’s denial.

The Attig Law Firm represents U.S. Veterans who have been denied  benefits in their VA Disability claims for compensation due to injuries or diseases incurred during military service. The Firm currently represents peace-time and war-time veterans of all branches of the military, at all levels of the VA disability claim process (VA Regional Office, Board of Veterans’ Appeals, and the Court of Appeals for Veterans’ Claims). Contact the Attig Law Firm if you would like to discuss your claim for disability benefits before the VA.

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans.  The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, their may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultation with a VA Disability attorney.

VA Disability attorneys at the Attig Law Firm, PLLC, represent Veterans in their  VA Disability Claims  in Texas, Arkansas, Oklahoma, New Mexico, Louisiana, (as well as veterans all around the United States, Puerto Rico, and even overseas) in their claims for disability compensation from the Department of Veterans Affairs.