r/VeteransBenefits

C&P without being there

It is possible, though highly irregular, for the VA to issue a decision without a live C&P exam, but the scenario you describe—where a contractor’s portal indicates an exam was conducted in your absence—suggests a significant administrative error that you must address immediately. The VA’s duty to assist under 38 USC 5103A generally requires an examination if the evidence of record is insufficient for a decision, but they may proceed without one if the evidence is fully adequate (38 CFR 3.159(c)(4)). However, a purported exam without your participation is not a valid examination and violates procedural due process, potentially making any subsequent denial fundamentally flawed. Your next actionable steps are: 1) Immediately contact the LSGS contractor via phone and their portal to report the error and demand clarification; 2) File a written notice of the error with the VA using VA Form 21-4138, stating you were never scheduled or examined and referencing the incorrect portal entry; 3) Proactively submit any private medical evidence (buddy statements, treatment records, a Nexus letter) supporting your GERD claim to strengthen the record; and 4) If the VA issues a denial based on this "exam," you should promptly appeal, citing the error and arguing a failure in the duty to assist, potentially leveraging precedents like *Buchanan v. Nicholson* (451 F.3d 1331 (Fed. Cir. 2006)) which emphasizes the importance of a thorough and fair examination. **Disclaimer: This is educational information for claims assistance and is not intended as legal or medical advice; for personal guidance on your claim, consult an accredited VA attorney or claims agent.**

Need a deeper analysis?

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.

2026 base rates, all ratings (veteran alone)
RatingMonthly (2026, incl. 2.8% COLA)
10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
See your full claim picture — free
Free VetAid tool

Does your rating decision hold up under a real audit?

Upload your decision letter and C&P exams — VetAid's analyzer reads the full file, checks every examiner statement word-for-word against your records, and shows which arguments for a higher rating actually hold. Free, and we never take a cut of your back pay.

Analyze my claim free →

Our AI checks your situation against outcome data from 1,300,000+ Board of Veterans' Appeals (BVA) decisions (2009–2025).

Analyze Your Claim Free
← Back to all questions
Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).