Bad VA Exam? How to Fight It

 Posted on February 18, 2025 in Uncategorized

Bad exams are probably the number one reason why you get an adverse result from the VA. Bad exams can stem from various issues, ranging from unqualified examiners to inadequate rationales in the medical nexus opinion. As we dive into this topic, we'll discuss what constitutes a bad exam and what you can do if you find yourself on the receiving end of one. One common problem is the rationale provided by VA examiners.

When you receive a negative medical nexus opinion, the law requires that the examiner supports their conclusion with an adequate rationale. Unfortunately, this doesn't always happen. For instance, you might come across a case where the examiner states that your disability isn't related to your service because there's no chronicity of care. This is not a valid reason. The standard should be chronicity of symptoms, not chronicity of care. If you didn't get treated for a condition while in service, it doesn't mean you didn't have it. Absence of evidence isn't evidence of its absence.

The key is proving you had symptoms, not treatment, which can be supported through buddy statements and other forms of evidence. Another recurring issue is the phantom post-service injury. Some examiners might claim your disability is more likely related to a post-service injury, often without any documentation to support this. If there's no evidence of such an injury in your file, it's essential to challenge this flawed rationale. The VA is required to consider buddy statements and other positive evidence relevant to your case. If they fail to discuss this evidence or dismiss it without explanation, the opinion is inadequate. Besides flawed rationales and oversight of buddy statements, another major issue is the VA requesting unnecessary or wrong exams.

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Sometimes, VA raters might request an exam for a toxic exposure-related condition when your disability is a straightforward injury documented in your service treatment records. This can lead to irrelevant examinations that do nothing to advance your claim. The examination process has also been plagued by unqualified examiners. Companies contracted by the VA often subcontract out these exams, leading to a chain of providers with varying levels of qualification and training. Sometimes, individuals without the necessary medical licenses or training are conducting these exams—a clear violation of federal law and ethical standards.

What can you do about it?

Start by obtaining a copy of the exam and the request. Check if the right questions were asked and if the exam was appropriately aligned with your theory of service connection. Ensure the examiner considered all relevant evidence. If they provided improper rationale, challenge it directly. Moreover, don't hesitate to leverage the benefit of the doubt rule, where the veteran prevails if the evidence is in approximate balance. Sometimes, seeking a supplemental claim, higher-level review, or appealing to the Board of Veterans' Appeals might be necessary to get a fair reassessment. An experienced VA-accredited representative can significantly aide in this process.

Ultimately, dealing with the VA's flawed system of exams demands vigilance and proactive measures. Get your copy of the exam, scrutinize it, and challenge any inaccuracies or inadequate rationales. Keep fighting and seek guidance from professionals who understand the intricacies of VA claims to navigate this complex process effectively.

Remember, at the end of the day, you have the power to change your VA claim outcome. For more assistance, you can visit us at vetlawoffice.com, where we offer zealous advocacy for your VA claim, prepare you for C&P exams, and provide VA medical nexus opinions—all without a fee unless we win. Stay strong, and keep pushing forward.