When the exam goes badly — inadequate exam doctrine

If the C&P exam was incomplete, inaccurate, or failed to follow VA’s requirements (especially Mitchell/Correia for joint claims), you can argue it was an INADEQUATE EXAM and request a new one.

What makes an exam inadequate

• Examiner did not address flare-ups for a joint condition
• Examiner did not test active AND passive motion, weight-bearing AND non-weight-bearing
• Examiner did not consider your reported symptoms or wrote that you reported things you did not say
• Examiner did not review the C-File before the exam
• Examiner’s specialty does not match the condition (e.g., a general practitioner doing a mental health exam)
• Examiner’s opinion has no rationale, just a conclusion

Strategy

Request a copy of your C&P exam report immediately after the exam (you have the right to it). If it’s wrong:

1. Draft a rebuttal statement on Form 21-4138 documenting what was missed or incorrect
2. Submit to VA before the rating decision is issued
3. If the decision has already been issued, file a Supplemental Claim with the rebuttal and any new evidence

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