Question:
I filed a supplemental claim following a denial. I submitted an Independent Medical Opinion (IMO) and 4 other pieces of new evidence and now VA wants me to attend 2 additional C&P exams. Why? I thought the point was to reevaluate the claim based on the new evidence I supplied?
Jim's Reply:
You are absolutely correct...in theory.
According to the VA policy Acceptable Clinical Evidence (ACE) to Support the Compensation and Pension (C&P) Disability Examination Process your medical records and any other evidence you've submitted should suffice in almost every case.
But in the real world everyone gets a C & P exam whether they need it or not. No matter the other evidence in your record, if you miss your scheduled C & P exam VBA defaults to denial because of a lack of evidence.
I've long been convinced there are reasons this happens. I'm well known to be a cynic, a curmudgeonly sort who casts doubt on most everything so take this with a grain of salt.
The contractors who provide the C & P exam services to the VA are paid by piecework. They get a fee for each exam properly completed. No surprises here that the more exams they churn through, the more money the subcontractor earns.
The surprise comes when we learn that many of these contracting companies employ retired VA executives as 'consultants' to help refine their services. The more exams there are, the more of your tax dollars everyone earns!
In the end there is nothing to be done about it but go to any scheduled exam and don't say anything negative. If you object to any part of the process that can put your appeal at risk. If you've submitted a good IMO that will be the final piece of evidence that wins your claim and you'll be done. Maybe. I was once called in to a C & P 25 years after I'd filed any claims. Nobody knew why, the doc had no clue. I went, got examined, had lunch and months later got a letter saying my claim was moot...I have no clue to this day.
C & P exams are in large part a scam perpetuated by old habits at your VA. "It's always been done this way...".
Good luck.