I hear complaints, often, from Veterans about the frequency and redundancy of Compensation and Pension Examinations (C&P) that they have to attend. This is not an issue that is being ignored.
The House VA Disability Assistance and Memorial affairs Subcommittee Chairman Rep. Morgan Luttrell, R-Texas, said recently that he has seen cases in which claims processors make the same mistakes over and over, resulting in deferrals and “months- or yearslong delays.” He also noted that a report last year by the VA Office of Inspector General (OIG) found the department spent $1.4 million on unnecessary C&Ps from April through September 2023.
The DAV and other veterans groups have raised concerns about “claim overdevelopment” that leads to mistakes and delays in decisions for compensation. Claim overdevelopment is a term that refers to repeated and unnecessary requests by VA processors for medical exams to support a disability award. The OIG audit mentioned above is a specific concrete example of the cost of claim overdevelopment, not to mention the toll on Veterans.
Additionally, claims processors, due to poor training, will often mistakenly order clinical exams unrelated to a Veteran’s specific medical condition, especially in more complex cases involving illnesses and injuries from toxic exposures. Veterans who present medical diagnoses and records from private physicians outside the VA also seem to encounter more obstacles and delays in receiving decisions.
The VA is adopting a tool that gives processors a checklist to review before deciding whether more medical documentation is needed to support a claim. Additionally, new VA policies are going to emphasize that government-contracted medical exams are not required when there is sufficient evidence in a veteran’s records to support an award. This is a very welcome change as it is an issue that we’ve had for a long time. It is a very frustrating problem for our Veterans that have a plethora of evidence from outside physicians, yet the VA fails to recognize that information
Gardberg and Kemmerly is open for calls and online assistance and will continue to help our Veterans in any way possible, including staying up to date on current VA information. If you have a claim for disability and need assistance, please call our office and speak with one of our qualified Veterans’ Disability attorneys. Gardberg and Kemmerly is committed to helping injured and disabled Veterans obtain the benefits they deserve. If you need help with a disability claim, call the office at 251-343-1111 or 1-800-332-1529 for a free consultation. Gardberg and Kemmerly is proud to serve Veterans across the country from our home office in Mobile, Alabama.