A C&P examination captures a moment. Your disability exists across time.
In Sharp v. Shulkin, the Veterans Court addressed examinations conducted when the veteran was not experiencing a flare-up. An examiner should not stop the analysis merely because the flare was not directly observed.
Relevant information can include the veteran’s truthful description of:
• Frequency
• Duration
• Severity
• Precipitating factors
• Functional loss during flares or repeated use
The issue is not simply how the veteran performed during one appointment. The issue is whether the examination adequately portrays the disability’s functional impact over time.
Have you ever attended a C&P examination on a relatively good day?
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