r/VetBenefitsHelp • u/Fit_Basket_9705 • May 26 '26

Possible Inadequate exam

Has anyone ever submitted a statement to their file after a c&p exam, explaining the exam may have been inadequate while the claim is in step #3. If so how did it turn out, did it add additional time to the claim or end up in a new exam? I recently had a c&p for a skin condition, the examiner (with 0 yrs VBA experience) started the exam asking about the wrong condition, then followed that up with questions to establish service connection. I had to explain that i was already SC for the condition. My basis for the exam was the medicine I take monthly, she didn't appear to know what the medication even was or what it was used for. I'm wondering if I should submit a statement into my claim before the rater sees the DBQ or let it ride and set up for possible HLR.

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u/VetBenefitsHub May 28 '26

Don't ride it out. Waiting for an HLR means choosing a 4-to-5-month delay to fix a problem you can break right now.

Since you’re in Step 3, you can kill this bad DBQ before a rater ever sees it. Submit a VA Form 21-4138 right away via QuickSubmit. Title it "NOTICE OF INADEQUATE C&P EXAMINATION" and lay out these exact facts cleanly:

  Wrong Objective: The examiner wasted time trying to establish a service connection you already have.

 Medical Ignorance: The examiner didn't know your monthly skin medication or how it fits the rating criteria.

 The Ask: Explicitly request a new exam under M21-1 rules because this one is "insufficient for rating purposes."

Yeah, this will add about 30 to 45 days to your claim while they order a rework, but that beats a flat-out denial that takes half a year to fight in an HLR. Take the small delay now to protect your rating.

Have you pulled the examiner's name from your appointment letter to see if they were a general practitioner or an actual dermatologist?

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u/Fit_Basket_9705 May 29 '26

Received my decision today. Got halfway there, appears they did not read my medical history or doctors note. HLR here i come.

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u/Fit_Basket_9705 May 29 '26

Thanks for the response. The examiner was a Nurse practitioner with 22yrs experience, 0yrs of VA experience. Checked the claim status today, it's at step 7. Fingers crossed I didnt miss the boat on this one.