r/VeteransBenefits

Should I no show C&P or cancel?

**Do not cancel or no-show your upcoming C&P exam; doing so will very likely result in a denial of the pending claims for the new conditions and the increase request, and it could potentially jeopardize your existing benefits.** Under 38 CFR 3.655(a), a VA rating decision *must* be based on the evidence of record, and if you fail to report for an exam without good cause, the VA will decide the claim based on the information available, which typically leads to denial due to lack of current diagnosis or medical nexus (see *McLendon v. Nicholson*, 20 Vet. App. 79 (2006)). For your increase request, a cancellation is treated as a failure to report, and the VA will likely conclude that the evidence does not show a worsening of your condition, denying the increase. Furthermore, while your granted rating is final, a pattern of non-cooperation could be noted in your file for future claims. Your actionable next steps are to: 1) Attend the exam as scheduled. 2) If you have a legitimate conflict, immediately contact the VA or the contracted exam vendor (QTC, VES, etc.) to reschedule *before* the appointment. 3) Prepare for the exam by reviewing your relevant medical records and being ready to describe your worst days for each condition, referencing the criteria in 38 CFR 4.130 for mental health or the appropriate schedule for physical conditions. **Disclaimer: This is educational information for veterans regarding VA procedures and is not intended as legal or medical advice; for personal guidance on your claim, consult an accredited VA attorney or agent.**

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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).