r/VeteransBenefits

What's the benefit of showing up for a C&P exam?

As a 100% Permanent and Total (P&T) veteran, you should **attend the C&P exam**; failure to do so will almost certainly lead to a reduction in your back rating based on the VA's duty to assist and your duty to cooperate under 38 CFR 3.655. Your P&T status does not shield you from routine future examinations (RFEs) when, as in your case triggered by a Higher-Level Review (HLR), evidence suggests improvement. The VA is obligated to schedule this exam under 38 CFR 3.327(a) and 38 CFR 3.159(c)(4) to obtain current medical evidence. The exam will specifically assess the severity of your back condition under the appropriate Diagnostic Code (e.g., 5237 for lumbosacral strain) and evaluate your functional limitations, which are critical under the rating criteria in 38 CFR 4.71a and the mental health criteria in 38 CFR 4.130 if your back condition impacts mental health. While an increase is not your goal, your attendance is crucial to protect your current rating; you must clearly and consistently report your symptoms at their worst, emphasizing chronicity and stability as affirmed in *DeLuca v. Brown* regarding flare-ups and functional loss. Actionable next steps are: 1) Schedule and attend the exam, 2) Prepare by reviewing your current disability's symptoms and limitations, and 3) After the exam, monitor your claim file and consider submitting a lay statement if the examiner's report is inaccurate. Your objective is to provide evidence that your condition has not materially improved to avoid a proposed reduction, which would initiate separate due process protections under 38 CFR 3.105(e).

*Disclaimer: This information is for educational purposes based on general VA procedures and is not legal, medical, or official claims advice. For guidance specific to your claim, consult an accredited VA attorney or claims 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).