How to Deal with a Bad VA C&P Exam in Your IDES Case
When preparing clients for the VA C&P exam component of their iDES case, I always remind them to document any discrepancies- such as failure to use a goniometer in range of motion exams- in an e-mail message to me on the day of the exam. This technique provides you with a real-time record of such shortcomings that may also be shared with your PEBLO. The next step is to carefully craft a rebuttal addressed to the drafter of your MEB NarSum identifying these discrepancies and how these inaccurate statements conflict with your treatment records and nonmedical evidence. Your PEBLOs will tell you that such comments should be made in a personal statement, but they are incorrect. Here is why- your providers can note this conflict in their reconciliation of the MEB findings with the C&P exams. This action often causes the VA Rating Activity to disregard the agency’s inaccurate C&P exams. In most cases, this will result in a much higher rating for your DOD unfitting conditions as well as positively influencing how they view the rest of your VA claim. Trust me, it works- I have done it successfully many times for clients in IDES cases.