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VA Rating Assistant

DC 9902 · 38 CFR 4.150

Mandible, Loss of Approximately Half C&P Exam Prep

To document the extent of mandibular bone loss, determine whether the temporomandibular articulation is involved, assess prosthetic replaceability, and establish a disability rating under DC 9902 reflecting the true functional and structural impact of your condition.

Format:
Interview + Physical
Typical duration:
20-30 minutes
DBQ form:
oral-and-dental (oral-and-dental)
Examiner:
Dentist or Oral Surgeon

What the examiner evaluates

  • Quantity of mandibular bone lost (less than one-half vs. one-half or more, including the ramus)
  • Whether the temporomandibular articulation (TMJ) is involved in the loss
  • Whether the residual defect is replaceable by a prosthesis (e.g., implant-supported device, obturator, plate)
  • Functional ability to chew, bite, and speak
  • Presence of pain, instability, malocclusion, or open bite deformity
  • History of surgical resection, trauma, osteomyelitis, osteoradionecrosis, or osteonecrosis
  • Associated soft tissue defects, lip involvement, or tongue involvement
  • Prior treatment history including surgery, radiation therapy, chemotherapy, and prosthetic fitting
  • Current status of any prosthetic device and its adequacy in restoring function
  • Associated conditions such as malunion, nonunion, or TMD
  • Any residuals or complications of treatment

The examination will typically include a clinical intraoral and extraoral inspection, palpation of residual mandibular structure, assessment of jaw movement and occlusion, and review of imaging (panoramic X-ray, CT scan, or MRI). Bring all prior imaging on disc or hard copy if available. The examiner will review your claims file and any diagnostic imaging on record. You have the right to request that the exam be recorded in most states - confirm state-specific rules before your appointment.

Measurements and tests

Mandibular Bone Loss Extent Assessment

What it measures: The proportion of the mandible that has been lost, including whether the ramus and temporomandibular articulation are involved. This is the single most critical structural determination for DC 9902 rating.

What to expect: The examiner will palpate the jaw, review surgical records, and examine imaging to determine how much mandibular bone is absent. They will compare loss relative to the total mandible including rami.

Critical thresholds

  • Loss of one-half or more, involving temporomandibular articulation, NOT replaceable by prosthesis 70% disability rating
  • Loss of one-half or more, involving temporomandibular articulation, replaceable by prosthesis 50% disability rating
  • Loss of one-half or more, NOT involving temporomandibular articulation, NOT replaceable by prosthesis 40% disability rating
  • Loss of one-half or more, NOT involving temporomandibular articulation, replaceable by prosthesis 30% disability rating
  • Loss of less than one-half, involving temporomandibular articulation, NOT replaceable by prosthesis 70% disability rating
  • Loss of less than one-half, involving temporomandibular articulation, replaceable by prosthesis 50% disability rating

Tips

  • Bring all surgical operative reports and pathology reports documenting the extent of resection
  • If imaging was done at a private facility, bring the images on disc plus the radiology report
  • Ask your treating oral surgeon to write a letter clearly stating what percentage of the mandible was removed and whether the condyle/TMJ was involved
  • If you have a prosthesis, bring it to the exam and be prepared to demonstrate its fit, function, and any limitations

Pain considerations: Report any pain associated with the residual mandibular structure, prosthesis use, chewing, or jaw movement. Describe pain on your worst days accurately.

Temporomandibular Articulation Involvement Assessment

What it measures: Whether the condyle, condylar neck, or temporomandibular joint itself was resected or is involved in the bone loss. Involvement significantly increases the rating.

What to expect: The examiner will review surgical records and imaging to determine if the TMJ condyle was removed or if bone loss extends to involve the articular surface. They may also assess jaw opening range of motion.

Critical thresholds

  • TMJ articulation involved in resection or loss Increases rating by approximately 20-30 percentage points compared to non-TMJ-involved loss at the same extent
  • TMJ articulation NOT involved Lower rating tier applies (30% or 40% depending on prosthetic replaceability)

Tips

  • Review your operative note - it will state whether condylectomy or condylar resection was performed
  • If unsure, ask your oral surgeon or maxillofacial surgeon to clarify in writing before your exam
  • If you have jaw clicking, locking, or limited opening due to TMJ involvement, describe this clearly to the examiner

Pain considerations: TMJ-area pain, clicking, locking, and deviation of the jaw on opening are all relevant findings. Report these symptoms even if you have adapted to them.

Prosthetic Replaceability Assessment

What it measures: Whether the mandibular defect can be adequately replaced by a prosthesis (such as a reconstruction plate, fibula free flap with implants, obturator, or removable partial denture). This is a key rating bifurcation point.

What to expect: The examiner will assess whether a prosthesis currently exists and whether it adequately restores form and function. They will note whether the defect is anatomically and technically amenable to prosthetic replacement.

Critical thresholds

  • Defect NOT replaceable by prosthesis (technically or due to failed attempts) Higher rating applies at each tier (40% or 70%)
  • Defect IS replaceable by prosthesis (even if not currently fitted) Lower rating applies at each tier (30% or 50%)

Tips

  • If you have tried prosthetic rehabilitation and it failed (poor fit, infection, inability to tolerate), document this clearly with treatment records
  • If you currently have a prosthesis, honestly describe its limitations - does it slip, cause pain, fail to restore adequate chewing function?
  • If your defect has been deemed non-reconstructable by your surgeon, bring that documentation
  • Note that being theoretically replaceable by prosthesis even if you currently lack one can reduce your rating - discuss this with a VSO before your exam

Pain considerations: Prosthesis-related pain (pressure sores, mucosal irritation, pain with wear) should be reported accurately as it affects functional use and quality of life.

Jaw Range of Motion and Functional Chewing Assessment

What it measures: The ability to open and close the jaw, bite, chew, and perform basic oral functions. Relevant to associated conditions and functional impairment documentation.

What to expect: The examiner may measure maximum incisal opening (normal is typically 40-50 mm), assess lateral excursions, and observe chewing function. Malocclusion, open bite, and deviation on opening are noted.

Critical thresholds

  • Severe open bite limiting oral intake to liquid or soft diet Supports higher severity rating; may trigger separate DC consideration for malunion
  • Moderate open bite impairing mastication Supports documentation of functional impairment at current rating level

Tips

  • Report your worst-day functional ability, not just how you function when well-rested
  • Describe specific foods you cannot eat due to your jaw condition
  • If you experience fatigue, pain, or weakness with prolonged chewing, mention this explicitly
  • Bring a food diary or written log of dietary restrictions if helpful

Pain considerations: Pain with jaw movement, chewing, and even speaking should be described in detail including location, character (sharp, aching, throbbing), frequency, duration, and aggravating factors.

Rating criteria by percentage

70%

Loss of one-half or more of the mandible (including ramus), involving the temporomandibular articulation, NOT replaceable by prosthesis. OR Loss of less than one-half of the mandible, involving the temporomandibular articulation, NOT replaceable by prosthesis.

Key symptoms

  • Condyle or condylar neck resected - TMJ destroyed or absent
  • Defect not amenable to prosthetic reconstruction
  • Severe limitation of jaw function
  • Inability to chew solid foods
  • Significant facial disfigurement
  • Pain with any jaw movement
  • Dependence on liquid or soft diet
  • Speech impairment

From 38 CFR: 38 CFR 4.150, DC 9902: Loss of one-half or more involving temporomandibular articulation, not replaceable by prosthesis = 70%; Loss of less than one-half involving temporomandibular articulation, not replaceable by prosthesis = 70%.

50%

Loss of one-half or more of the mandible (including ramus), involving the temporomandibular articulation, replaceable by prosthesis. OR Loss of less than one-half of the mandible, involving the temporomandibular articulation, replaceable by prosthesis.

Key symptoms

  • Condyle or condylar neck resected - TMJ involved
  • Prosthesis present and provides some functional restoration
  • Residual limitation of jaw movement despite prosthesis
  • Prosthesis-related complications (pain, poor fit, mucosal irritation)
  • Moderate dietary restriction
  • Difficulty chewing hard or tough foods
  • Jaw deviation or malocclusion present

From 38 CFR: 38 CFR 4.150, DC 9902: Loss of one-half or more involving temporomandibular articulation, replaceable by prosthesis = 50%; Loss of less than one-half involving temporomandibular articulation, replaceable by prosthesis = 50%.

40%

Loss of one-half or more of the mandible (including ramus), NOT involving the temporomandibular articulation, NOT replaceable by prosthesis.

Key symptoms

  • Extensive mandibular body or body-plus-ramus loss without condylar involvement
  • Defect not prosthetically reconstructable
  • Significant masticatory dysfunction
  • Open bite or severe malocclusion
  • Facial asymmetry and disfigurement
  • Dietary restriction to soft or liquid foods
  • Speech impairment from structural defect

From 38 CFR: 38 CFR 4.150, DC 9902: Loss of one-half or more not involving temporomandibular articulation, not replaceable by prosthesis = 40%.

30%

Loss of one-half or more of the mandible (including ramus), NOT involving the temporomandibular articulation, replaceable by prosthesis.

Key symptoms

  • Extensive mandibular loss without TMJ involvement
  • Prosthesis present providing partial functional restoration
  • Residual functional limitations despite prosthetic use
  • Some dietary restrictions remain
  • Prosthesis maintenance needs and compliance issues

From 38 CFR: 38 CFR 4.150, DC 9902: Loss of one-half or more not involving temporomandibular articulation, replaceable by prosthesis = 30%.

Describing your symptoms accurately

Eating and Chewing Function

How to describe it: Describe specifically which foods you cannot eat, how long it takes you to eat a meal, whether you must cut food into tiny pieces, blend food, or rely on a liquid diet. Quantify impairment - for example, 'I can only eat soft foods and it takes me 45 minutes to eat a meal that used to take 15 minutes.'

Example: On my worst days, jaw pain and instability make it impossible to chew anything solid. I subsist on smoothies and pureed food for days at a time. I cannot eat at restaurants because nothing on the menu is safe for me to chew. Social eating causes me significant embarrassment and anxiety.

Examiner listens for: Specific dietary restrictions, functional limitations on chewing duration and food type, pain with mastication, weight loss or nutritional consequences, and whether prosthesis (if present) actually restores adequate chewing function.

Avoid: Saying 'I manage okay' or 'I've adjusted' - the examiner needs to hear your true functional baseline, not your coping strategies. Adapting to a liquid diet is not the same as having normal chewing function.

Pain

How to describe it: Describe the location (residual jaw, surgical site, TMJ area, ear, neck), character (sharp, aching, throbbing, burning), frequency (constant vs. intermittent), severity on a 0-10 scale on both average and worst days, and what aggravates or relieves it. Include radiation patterns if pain spreads to the ear, temple, or neck.

Example: On my worst pain days, the aching in my jaw and surgical site is a 9 out of 10. Any movement - talking, eating, or even yawning - sends sharp pain through the entire side of my face. I cannot sleep on that side and require prescription pain medication to function.

Examiner listens for: Constant vs. episodic pain, pain with function vs. at rest, pain severity at worst, pain medication use and frequency, and how pain limits daily activities including work, sleep, and social interaction.

Avoid: Do not minimize pain by saying 'it's not that bad' or 'I just deal with it.' Provide accurate worst-day descriptions per M21-1 guidance.

Speech and Communication

How to describe it: Describe whether your speech is affected - slurring, difficulty with certain consonants or vowel sounds, need for repeat requests in conversation, avoidance of speaking in public, and impact on employment or social activities.

Example: When my jaw is swollen or painful, my speech becomes noticeably slurred. I avoid phone calls and meetings at work because people frequently cannot understand me and I find it humiliating to repeat myself. I have withdrawn from social activities that require sustained conversation.

Examiner listens for: Observable speech impairment during the exam, history of speech therapy, impact on occupational and social functioning, and whether structural defect or prosthesis affects articulation.

Avoid: Do not dismiss speech issues as minor. If your communication is affected - even occasionally - report it accurately, as it reflects the true functional impact of your condition.

Prosthesis Function and Complications

How to describe it: If you have a prosthesis, describe how well it functions, how long you can wear it before discomfort forces removal, any history of sores or wounds from prosthesis use, how often it requires repair or replacement, and whether it truly restores chewing ability. If you do not have a prosthesis, explain why (surgical inaccessibility, failed attempts, financial barriers, anatomical limitations).

Example: I can only wear my prosthesis for two to three hours before pressure sores develop on the residual ridge. I spend most of the day without it, which means I cannot eat a normal diet for most of the day. The prosthesis has fractured three times and does not restore normal bite force.

Examiner listens for: Whether the prosthesis is truly adequate to restore function, complications of prosthetic use, compliance barriers, duration of wear tolerance, and whether the defect is genuinely not replaceable by prosthesis.

Avoid: Do not imply a prosthesis fully restores your function if it does not. The examiner needs to understand what the prosthesis actually does and does not restore.

Facial Disfigurement and Psychological Impact

How to describe it: Describe any visible facial asymmetry, sunken or absent jaw contour, drooling, inability to keep lips closed, and the psychological and social impact of disfigurement including depression, anxiety, social withdrawal, and avoidance of mirrors or public spaces.

Example: The visible collapse on the right side of my jaw makes me extremely self-conscious. I avoid social events and have stopped eating in public entirely. I have been diagnosed with depression that my mental health provider directly attributes to my facial disfigurement following the surgery.

Examiner listens for: Observable disfigurement, drooling, lip incompetence, functional soft tissue defects, and any psychiatric or psychological conditions secondary to the disfigurement that may warrant separate claims.

Avoid: Do not omit the psychological dimension. If disfigurement has led to depression, anxiety, or PTSD, these may be separately ratable secondary conditions.

Flare-Ups and Variable Symptoms

How to describe it: Describe what triggers worsening episodes (chewing hard foods, cold weather, stress, prolonged talking, dental procedures), how long flare-ups last, how frequently they occur, and what your functional level is during a flare-up versus your baseline.

Example: At least once a week, my jaw condition flares severely - the area swells, pain increases to an 8 or 9 out of 10, and I cannot open my mouth more than a finger-width. These episodes last two to four days and force me to miss work or cancel social plans entirely.

Examiner listens for: Frequency and duration of flare-ups, triggers, functional decline during flares, and whether current rating criteria capture worst-day function rather than only average-day function.

Avoid: Do not only describe how you feel on a good day. Per M21-1 guidance, the examiner must consider the full range of your condition including flare-ups.

Common mistakes to avoid

Failing to bring operative or surgical reports documenting extent of mandibular resection

Why: The examiner's determination of how much mandible was lost - the most critical rating factor - depends heavily on documented surgical records. Without them, the examiner may underestimate the extent of loss.

Do this instead: Request copies of all operative reports, pathology reports, and discharge summaries from the facility where your resection was performed. Bring originals or certified copies to the exam.

Impact: All rating levels - affects whether 30%, 40%, 50%, or 70% is assigned

Not clarifying whether the condyle or TMJ was involved in the resection

Why: TMJ involvement is a binary switch in the rating criteria that dramatically affects your rating. If the examiner cannot confirm TMJ involvement from records, you may be rated at a lower tier.

Do this instead: Obtain a letter from your oral surgeon or maxillofacial surgeon explicitly stating whether the condyle, condylar neck, or TMJ articulation was resected or affected. Reference your imaging and surgical reports.

Impact: Difference between 30-40% and 50-70%

Overstating the adequacy of a poorly functioning prosthesis

Why: If you describe your prosthesis as working well, the examiner may check the 'replaceable by prosthesis' box, dropping your rating by 20 percentage points at each tier even if your prosthesis provides minimal functional benefit.

Do this instead: Accurately describe all limitations, complications, and failures of your prosthesis. If it is inadequate, say so specifically - poor fit, pain, inability to chew, frequent breakage, sores, or limited wear time.

Impact: Difference between 40-70% (not replaceable) and 30-50% (replaceable)

Only describing average-day symptoms rather than worst-day symptoms

Why: VA disability ratings are intended to capture the full disability picture including worst-day function. Understating symptoms leads to underrating.

Do this instead: Describe both your typical day and your worst days. Per M21-1 guidance, the examiner should capture the highest level of functional impairment, including during flare-ups.

Impact: All rating levels

Failing to mention secondary conditions such as speech impairment, psychological effects, or soft tissue defects

Why: DC 9902 captures structural bone loss, but secondary conditions like soft tissue injury (DC for lips, tongue), depression, speech impairment, or nutritional consequences may be separately ratable and increase your overall combined rating.

Do this instead: Before your exam, identify all conditions caused or worsened by your mandibular loss. Mention them to the examiner and ensure they are documented. Consider separate claims for each secondary condition.

Impact: Combined disability rating - secondary conditions add to overall evaluation

Not bringing existing imaging (panoramic X-rays, CT scans, MRI) to the exam

Why: Radiographic confirmation of bone loss extent is critical for documenting the claim. If VA does not have current imaging on file, the examiner may not be able to fully confirm the extent of loss.

Do this instead: Bring all jaw imaging on disc plus printed radiology reports. If imaging is old, request updated imaging from your treating dentist or oral surgeon before the exam.

Impact: All rating levels - imaging confirms structural findings

Minimizing dietary restrictions by saying 'I've adapted to eating soft foods'

Why: Adaptation to a restricted diet due to jaw disability is itself evidence of functional loss. If you frame adaptation as normalcy, the examiner may not appreciate the severity of your impairment.

Do this instead: Explicitly state that you have been forced to change your diet and describe what you can no longer eat. Use specific examples such as inability to eat steak, apples, crusty bread, or raw vegetables.

Impact: Supports higher functional impairment documentation at all levels

Prep checklist

  • critical

    Gather all surgical operative reports documenting mandibular resection

    Request operative notes from every facility where jaw surgery was performed. These should explicitly state the extent of mandibular bone removed and whether the condyle/TMJ was resected. Have your surgeon write a summary letter if operative notes are incomplete or unclear.

    before exam

  • critical

    Collect all jaw imaging (panoramic X-rays, CT scans, MRI, bone scans) with radiology reports

    Gather imaging from all facilities - military treatment facilities, VA, and private providers. Bring images on disc plus printed radiology reports. Recent imaging (within 12 months if available) is most useful.

    before exam

  • critical

    Obtain a letter from your treating oral surgeon or maxillofacial surgeon confirming extent of bone loss and TMJ involvement

    Ask your surgeon to write a brief letter explicitly stating: (1) what percentage or portion of the mandible was removed, (2) whether the condyle or TMJ was involved, and (3) whether the defect is prosthetically replaceable. This letter can be submitted into your claims file.

    before exam

  • critical

    Document all prosthetic history - fittings, failures, complications, and current status

    Gather records of all prosthetic appliances fitted, dates of fitting and replacement, reasons for failure or replacement, and current functional adequacy. If prosthesis is inadequate or you cannot tolerate it, document this in writing from your prosthodontist.

    before exam

  • critical

    Write a personal statement describing your worst-day symptoms and functional limitations

    Prepare a written narrative describing pain, dietary restrictions, speech impairment, facial disfigurement, psychological impact, and flare-up frequency. Use specific examples and quantify limitations wherever possible. Submit this as a buddy statement or personal statement (VA Form 21-4138) into your claims file before or at the exam.

    before exam

  • recommended

    Review the DC 9902 rating criteria and identify your correct rating tier

    Understand the four key rating factors: (1) less than half vs. half or more mandible lost, (2) TMJ involvement yes or no, (3) prosthetically replaceable yes or no, and (4) the resulting rating of 30%, 40%, 50%, or 70%. Know which tier accurately reflects your condition before the exam.

    before exam

  • recommended

    Research your state's laws on recording C&P examinations

    Many states allow veterans to record their C&P exam with or without examiner consent. Confirm your state's rules. If recording is permitted, prepare a recording device. Notify the examiner at the start of the exam.

    before exam

  • recommended

    Identify all secondary conditions for potential separate claims

    Consider whether you have secondary conditions caused by or related to your mandibular loss - including depression/anxiety (DC 9411/mental health codes), speech impairment, soft tissue injuries (lips, tongue), nutritional deficiency, or TMD. Consult a VSO about filing secondary claims.

    before exam

  • recommended

    Bring your current prosthesis to the exam

    If you have a mandibular prosthesis, bring it to the exam so the examiner can assess its fit, function, and adequacy. Be prepared to demonstrate wearing it and describe its limitations.

    before exam

  • recommended

    Review your entire service treatment record for any documented dental or jaw injuries

    Request your complete service treatment records (STRs) via DPRIS or from NPRC if not already in your claims file. Look for any in-service dental examinations, jaw injuries, or treatment records that document the onset of your condition during service.

    before exam

  • critical

    Do not take excessive pain medication before the exam that masks your true symptom level

    While you should not suffer unnecessarily, be aware that heavy pre-exam medication may cause you to present as more functional than you are on a typical or worst day. Take your normal prescribed regimen but note your current pain level honestly to the examiner.

    day of

  • recommended

    Arrive early and bring all documentation in an organized folder

    Organize your documents by category: operative reports, imaging, prosthetic records, treating provider letters, personal statement, and any prior rating decisions. Label each section clearly for quick reference during the exam.

    day of

  • recommended

    If recording the exam, set up your device before entering the exam room and notify the examiner

    Place your recording device visibly on the desk or table. State at the beginning: 'I am exercising my right to record this examination' and note the date and time on the recording. Do not conceal recording equipment.

    day of

  • critical

    When describing symptoms, always describe your worst-day experience alongside your typical experience

    For every symptom, give two data points: 'On a typical day, my pain is a 4 out of 10. On my worst days, which happen two to three times per week, my pain reaches 8 to 9 out of 10 and I cannot chew at all.' This ensures the full disability picture is captured.

    during exam

  • critical

    Explicitly confirm with the examiner whether they have noted TMJ involvement and prosthetic replaceability

    You may politely ask the examiner: 'Will you be noting whether the temporomandibular joint was involved in the resection?' and 'Are you noting whether my defect is replaceable by prosthesis?' This ensures these critical rating factors are addressed.

    during exam

  • critical

    Report all functional limitations in detail - chewing, speaking, eating, sleeping, working, and socializing

    Do not assume the examiner will ask about all functional domains. Proactively mention: dietary restrictions, pain with eating, speech changes, sleep disruption from pain, avoidance of social eating, and any work limitations.

    during exam

  • recommended

    If the exam feels incomplete, politely say so before it ends

    If the examiner has not addressed TMJ involvement, prosthetic status, extent of bone loss, or functional impact, politely note: 'I want to make sure the record reflects [specific issue] - is that captured in your notes?' You have the right to ensure a thorough examination.

    during exam

  • recommended

    Describe all associated symptoms - not just jaw pain - including psychological impact and speech difficulties

    Mention depression, anxiety, social withdrawal, speech problems, drooling, lip incompetence, or any other symptom related to your mandibular loss even if not directly asked. The examiner can only document what is reported.

    during exam

  • critical

    Request a copy of the completed DBQ as soon as it is available in your VA records

    Log into VA.gov or contact your VSO to obtain the completed DBQ. Review it carefully for accuracy. Pay particular attention to the documented extent of bone loss, TMJ involvement notation, and prosthetic replaceability determination.

    after exam

  • critical

    If the DBQ contains errors or omissions, file a notice of disagreement or supplemental claim immediately

    If the examiner incorrectly documented the extent of bone loss, failed to note TMJ involvement, or incorrectly characterized prosthetic replaceability, gather your supporting evidence (operative reports, surgeon letters) and file a supplemental claim with new and relevant evidence, or appeal via the Notice of Disagreement (NOD) process.

    after exam

  • recommended

    Document your recollection of the exam in writing immediately after leaving

    Write down or record a voice memo of everything discussed during the exam - what you said, what the examiner said, what was examined, how long it lasted, and anything that seemed incomplete or incorrect. This contemporaneous record is valuable if you need to appeal.

    after exam

  • optional

    Consult with a VSO or accredited claims agent about filing secondary condition claims

    After your C&P exam, review whether secondary conditions (depression, speech impairment, soft tissue injury, nutritional issues) warrant separate claims that could increase your combined disability rating.

    after exam

Your rights during a C&P exam

  • You have the right to an adequate, thorough, and contemporaneous C&P examination. If the exam is inadequate - for example, if the examiner does not review your claims file, does not examine you in person, or fails to address key rating factors - you have the right to request a new examination.
  • You have the right to submit your own independent medical evidence, including private dental or oral surgery evaluations, nexus letters, and treating provider statements, which VA must consider and weigh against the C&P examiner's findings.
  • You have the right to record your C&P examination in most states. Confirm your specific state's laws before your appointment. Recording is permitted when conducted in compliance with applicable state regulations.
  • You have the right to know what was documented in your C&P examination DBQ. Request a copy through VA.gov, your VSO, or a FOIA request. Review it for accuracy as soon as it is available.
  • You have the right to appeal an examination or rating decision you believe is incorrect. The VA PACT Act and AMA provide multiple appeal lanes: Supplemental Claim (new and relevant evidence), Higher-Level Review (different VA adjudicator), and Board of Veterans' Appeals (Veterans Law Judge review).
  • You have the right to have a VSO representative, accredited claims agent, or attorney assist you at no cost during the claims process. Contact your state's Department of Veterans Affairs, DAV, VFW, American Legion, or other VSO for free representation.
  • You have the right to request that your exam be conducted in person if a telehealth or records-only exam is proposed and you believe an in-person examination is necessary for an accurate evaluation of your condition.
  • You have the right to the benefit of the doubt. Under 38 USC 5107(b), when there is an approximate balance of positive and negative evidence regarding any issue material to your claim, VA shall give the benefit of the doubt to you.
  • You have the right to submit a buddy statement (VA Form 21-10210) or personal statement (VA Form 21-4138) describing your symptoms and functional limitations. These lay statements are evidence and must be considered by the examiner and adjudicator.
  • You have the right to continuity of ratings. If you are already rated under DC 9902, VA cannot reduce your rating without finding material improvement in your condition under actual ordinary conditions of life and work, and must follow the due process requirements of 38 CFR 3.105.

Related conditions

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This C&P exam preparation guide is for educational purposes only and does not constitute legal, medical, or claims advice. Always consult with a qualified Veterans Service Organization (VSO) representative or VA-accredited attorney for guidance specific to your claim. Never exaggerate, minimize, or fabricate symptoms during a C&P examination.