Bad exams are probably the number one reason why you get an adverse result from the VA. Bad exams can stem from various issues, ranging from unqualified examiners to inadequate rationales in the medical nexus opinion. As we dive into this topic, we’ll discuss what constitutes a bad exam and what you can do if you find yourself on the receiving end of one. One common problem is the rationale provided by VA examiners.
When you receive a negative medical nexus opinion, the law requires that the examiner supports their conclusion with an adequate rationale. Unfortunately, this doesn’t always happen. For instance, you might come across a case where the examiner states that your disability isn’t related to your service because there’s no chronicity of care. This is not a valid reason. The standard should be chronicity of symptoms, not chronicity of care. If you didn’t get treated for a condition while in service, it doesn’t mean you didn’t have it. Absence of evidence isn’t evidence of its absence.