Medicolegal Settings Research Articles

Detecting malingered neurocognitive dysfunction: Comparative analysis of freestanding and embedded performance validity tests

Detecting malingered neurocognitive dysfunction is a major issue in forensic context, particularly in legal proceeding/insurance assessment after a traumatic brain injury (TBI), condition frequently associated with persistent cognitive impairments that may potentially be related to malingering. Consequently, research has devoted considerable efforts on developing tools to verify symptoms authenticity. This study compared two freestanding performance validity tests (PVTs) (Amsterdam Short-Term Memory Test—ASTM; Word Completion Memory Test—WCMT) and five embedded PVTs (Rey Complex Figure Test—RCFT—Copy and Recall trials; Reliable Digit Span—RDS; Rey Auditory Verbal Learning Test—RAVLT—Recognition and Total Learning trials) in a sample of 120 participants, including 15 patients with TBI (Mage = 44.40), 52 experimental simulators (Mage = 29.52) and 53 control (Mage = 29.77). Group performance was analyzed to assess tests’ discriminatory power, and Receiver Operating Characteristic (ROC) curves were used to examine tools’ sensitivity and specificity. Results indicated that experimental simulators performance on the ASTM, WCMT, and RAVLT differed significantly from TBI patients and controls. The RDS and RCFT did not discriminate experimental simulators from TBI group. ROC curves analysis reveals that the most accurate tests in this battery for detecting malingering were the ASTM and the RAVLT-Total Learning score. This study offers implications for identifying malingering in medico-legal settings, underscoring the importance of incorporating PVTs into clinical practice.

Are invasive postmortem examinations still the ‘gold standard’ in diagnosing the cause of death?

For many years, the foundations of both its art and science in medicine grew from the observations made at the autopsy table. The observations of the pathologists formed the pathologic basis and manifestations of disease, which further advanced the development of therapeutics. For most of the 18th and 19th centuries, morbid anatomy (autopsy pathology) was considered the science of medicine. Today, the autopsy and the knowledge that derives from it do not hold the position they once did in the profession’s history. There is a belief among the medical community a complete autopsy is necessary to find out the answers when someone dies. In some jurisdictions, the forensic pathology community is reluctant to follow the targeted or minimally invasive approach in postmortem examinations due to a lack of understanding of the process. With a complete external examination, trace evidence collection, total body computed tomography (CT) scan, and minimally invasive/targeted dissection with a collection of samples for further analysis, almost all answers can be provided in hospital and medicolegal autopsy settings. We must collaborate with sister disciplines, such as experts in radiology and the legal community, to educate them on the importance of this new approach using advanced technology.Continuously evolving modern radiological imaging has remarkably increased the accuracy of clinical diagnosis. Conventionally, when you hear the word postmortem examination, people think it includes an external examination and dissection of all body cavities. In the 21st century, most questions raised by the family, clinicians, the coroner (medical examiner), courts, and law enforcement agencies can be answered with a complete external examination of the body, total body CT scan +/- magnetic resonance imaging, and targeted dissection or minimally invasive approach incorporated with sample collection for further testing. This is cost-effective and can produce reviewable data.

Forensic assessment of somatoform and functional neurological disorders.

Functional neurological disorders (FND) and somatization are common in clinical practice and medicolegal settings. These conditions are frequently disabling and, if arising following an accident, may lead to claims for legal compensation or occupational disability (such as social security disability insurance). However, distinguishing FND and somatization from symptoms that are intentionally produced (i.e., malingered or factitious) may pose a major forensic psychiatric challenge. In this article, we describe how somatoform disorders and FND lie along a spectrum of abnormal illness-related behaviors, including factitious disorder, compensation neurosis, and malingering. We provide a systematic approach to the forensic assessment of FND and conclude by describing common litigation scenarios in which FND may be at issue. Forensic testimony may play an important role in the resolution of such cases.

The Precision, Inter-Rater Reliability, and Accuracy of a Handheld Scanner Equipped with a Light Detection and Ranging Sensor in Measuring Parts of the Body-A Preliminary Validation Study.

Anthropometric measurements play a crucial role in medico-legal practices. Actually, several scanning technologies are employed in post-mortem investigations for forensic anthropological measurements. This study aims to evaluate the precision, inter-rater reliability, and accuracy of a handheld scanner in measuring various body parts. Three independent raters measured seven longitudinal distances using an iPad Pro equipped with a LiDAR sensor and specific software. These measurements were statistically compared to manual measurements conducted by an operator using a laser level and a meterstick (considered the gold standard). The Friedman test revealed minimal intra-rater variability in digital measurements. Inter-rater variability analysis yielded an ICC = 1, signifying high agreement among the three independent raters. Additionally, the accuracy of digital measurements displayed errors below 1.5%. Preliminary findings demonstrate that the pairing of LiDAR technology with the Polycam app (ver. 3.2.11) and subsequent digital measurements with the MeshLab software (ver. 2022.02) exhibits high precision, inter-rater agreement, and accuracy. Handheld scanners show potential in forensic anthropology due to their simplicity, affordability, and portability. However, further validation studies under real-world conditions are essential to establish the reliability and effectiveness of handheld scanners in medico-legal settings.

Applicability of the Suchey-Brooks method for age estimation in an Indian population: A computed tomography-based exploration using Bayesian analysis and machine learning.

Age estimation occupies a prominent niche in the identification process. In cases where skeletal remains present for examination, age is often estimated from markers distributed throughout the skeletal framework. Within the pelvis, the pubic symphysis constitutes one of the more commonly utilized skeletal markers for age estimation, with the Suchey-Brooks method comprising one of the more commonly employed methods for pubic symphyseal age estimation. The present study was targeted towards assessing the applicability of the Suchey-Brooks method for pubic symphyseal age estimation, an aspect largely unreported for an Indian population. In order to do so, clinically undertaken pelvic computed tomography scans of individuals were evaluated using the Suchey-Brooks method, and the error associated with the method was established using Bayesian analysis and different machine learning regression models. Amongst different supervised machine learning models, support vector regression and random forest furnished lowest error computations in both sexes. Using both Bayesian analysis and machine learning, lower error computations were observed in females, suggesting that the method demonstrates greater applicability for this sex. Inaccuracy and root mean square error obtained with Bayesian analysis and machine learning illustrates that both statistical modalities furnish comparable error computations for pubic symphyseal age estimation using the Suchey-Brooks method. However, given the numerous advantages associated with machine learning, it is recommended to use the same within medicolegal settings. Error computations obtained with the Suchey-Brooks method, regardless of the statistical modality utilized, indicate that the method should be used in amalgamation with additional markers to garner accurate estimates of age.

Respiratory viruses in medicolegal autopsies during the winter season 2021/2022: observations after reduction of coronavirus disease-19 (COVID-19) pandemic restrictions

In the context of the coronavirus disease (COVID-19) pandemic, measures were taken to protect the population from infection. These were almost completely lifted in several countries in the spring of 2022. To obtain an overview of the spectrum of respiratory viruses encountered in autoptical routine case work, and their infectivity, all autopsy cases at the Institute of Legal Medicine in Frankfurt/M. with flu-like symptoms (among others) were examined for at least 16 different viruses via multiplex PCR and cell culture. Out of 24 cases, 10 were virus-positive in PCR: specifically, 8 cases with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), 1 with respiratory syncytial virus (RSV), and 1 with SARS-CoV-2 and the human coronavirus OC43 (HCoV-OC43), as a double infection. The RSV infection and one of the SARS-CoV-2 infections were only detected due to the autopsy. Two SARS-CoV-2 cases (postmortem interval of 8 and 10 days, respectively) showed infectious virus in cell culture; the 6 other cases did not show infectious virus. In the RSV case, virus isolation by cell culture was unsuccessful (Ct value of 23.15 for PCR on cryoconserved lung tissue). HCoV-OC43 was measured as non-infectious in cell culture, with a Ct value of 29.57. The detection of RSV and HCoV-OC43 infections may shed light on the relevance of respiratory viruses other than SARS-CoV-2 in postmortem settings; however, further, more extensive studies are needed for a robust assessment of the hazard potential due to infectious postmortem fluids and tissues in medicolegal autopsy settings.

Ontogenetic patterns in human frontal sinus shape: A longitudinal study using elliptical Fourier analysis.

Frontal sinus morphology is highly variable across individuals, but little is known regarding how or at what age that variation is reached. Existing ontogenetic studies are conflicting and often cross-sectional in nature, limiting understanding of individualistic growth. Studies investigating sinus growth with longitudinal series often focus on lateral cephalograms and consequently do not capture the sinus morphological features that are most relevant to clinical and medicolegal settings (e.g., arcade/scalloping, width-to-height dimensions, asymmetry). Longitudinal analysis of sinus morphology from frontal radiographs is important to understand when sinus morphology stabilizes. The purpose of this study was to investigate at what age the frontal sinus attains its final shape, and whether sex-based differences in ontogeny are evident, using a longitudinal sample of posterior-anterior (PA) frontal radiographs from the AAOF Legacy Collection. Frontal sinus outlines were manually traced in 935 radiographs from 111 individuals (55F/56M) spanning 8-29 years of age. Outlines were subjected to elliptical Fourier analysis (EFA) and underwent principal components analysis (PCA). PC1 (51.02% of variation) appears to represent the relative height and breadth of the sinus, PC2 (11.73%) and PC3 (10.03%) captures the degree of relative complexity in the outlines. Individual PC scores were plotted against age-in-months with individual Loess growth curves. Overall, younger individuals typically display relatively shorter, flatter sinuses, increasing in vertical complexity with age. Mixed-effect models on PC1 indicate significant effects for the repeated measure of years (p < 0.001). Within individuals, Euclidean distances of PCs between each sinus outline and their oldest-age outline (i.e., final morphology) were calculated and plotted against age-in-months with Loess growth curves. The results indicate that final frontal sinus morphology is mostly attained by 20 yoa regardless of sex. There is sexual dimorphism in ontogenetic trajectories: females attain frontal sinus shape earlier than males. Specifically, Loess growth curves of the Euclidean distances to final sinus shape indicate that female shape shows decreased development at 14-16 yoa, with males approaching stabilization at 18-20 yoa. These trends were supported by paired t-tests on PC1 between each year and the oldest age, whereby significant differences end for females starting at 15 and 18 yoa for males. The timing of shape-stabilization in the current study closely aligns with previous studies on linear and size dimensions, indicating a close relationship between the ontogeny of frontal sinus shape and size. This research has several implications in diverse fields. Documenting ontogenetic patterns in modern humans could lead to more accurate interpretations of frontal sinus variation in hominin lineages. Understanding the age at which frontal sinus shape and size stabilizes in pediatric populations has important clinical implications, with future studies needed to investigate if/how sinus development directly relates to sinonasal disease susceptibility (e.g., sinusitis), surgical complications, and/or expected trauma patterns. For forensic practitioners utilizing frontal sinus comparisons for decedent identifications, it is important to know at what age these features stabilize to understand how much change may be expected between antemortem and postmortem radiographs.

In Reply: Recommendation to Create New Neuropathological Guidelines for the Postmortem Diagnosis of Chronic Traumatic Encephalopathy

In Reply: Recommendation to Create New Neuropathological Guidelines for the Postmortem Diagnosis of Chronic Traumatic Encephalopathy

The problem of dating fractures: A retrospective observational study of radiologic features of fracture healing in adults

Accurate dating of bone fractures can be crucial in the context of forensic trauma analysis since it may provide essential information for the corroboration or contradiction of statements by victims or suspects in cases of domestic abuse or torture. The different stages of bone healing have been well described in the existing literature, and some previous studies attempted to define related timelines particularly in the paediatric population. However, the bone healing process can be very variable and despite the importance of the topic in the forensic field, so far little is known about the radiological appearance of bone fractures at different healing stages, and how this correlates with time, especially in an adult population.The aim of this retrospective observational study was to describe the temporal aspect of pre-defined healing stages as they appear on radiographs of tubular bone fractures in adults, and explore the effect of potential cofounding variables. A dynamic nomogram was developed as a user-friendly tool to be eventually applied in clinical or medico-legal settings. This study showed that the posttraumatic time interval (PTTI) increased progressively with the pre-defined healing stages. However, confounding factors, such as patients’ age, sex, and location of the fracture need to be accounted for in the final estimation model.Further studies are needed to explore more potentially confounding variables to refine the presented outcomes. Better knowledge of the effect of different confounding variables in the dating of fracture healing will contribute to greater accuracy of PTTI estimation of bone fractures in adults.

Performance and symptom validity testing in neuropsychological assessments in Australia: a survey of practises and beliefs

ABSTRACT Objective: Validity test failures within neuropsychological assessments are common. This study aimed to assess current practise. Method: Australian psychologists completed an online survey evaluating their approach to validity issues. Results: There were 102 participants (75% female, mean age 41.68 (11.72), 88% clinical neuropsychologists or registrars, 35% conducting 10+ assessments in medico-legal settings, 88% conducting 10+ assessments in clinical settings). Performance validity tests were used by most clinicians in a medico-legal setting, but in less than 50% of assessments in clinical settings. Symptom validity tests were used significantly more frequently in medico-legal settings as compared to clinical settings. Less objective methods (e.g., qualitative observation) were more frequently used to evaluate validity in clinical settings. Conclusions: Overall, validity testing in Australia is not consistent with published North American guidelines or practise trends. In Australia, psychologists practising in clinical settings appear to be relying on subjective judgements more frequently than on objective test findings. Australian guidelines that reflect recent research findings regarding validity test failure rates in clinical settings are required. The most frequently cited reason for not including validity tests was insufficient time, so future research should continue to examine time-efficient ways of incorporating validity testing. Key Points What is already known about this topic: (1) Performance validity and symptom validity test failure occur in both medico-legal and clinical settings. (2) Professional guidelines for validity testing published by professional bodies in North America emphasise the importance of validity tests in medico-legal and other settings. (3) Validity test use varies between countries, with high rates in North America but lower rates in Europe and New Zealand. What this paper adds: (1) Based on North American guidelines, performance validity tests are used less frequently than recommended in clinical settings in Australia, whilst symptom validity tests are used less frequently than recommended in both clinical and medico-legal settings. (2) Lack of time is the biggest barrier to incorporating validity tests into neuropsychological assessments; more time-efficient validity testing methods would help redress this issue. (3) There is an urgent need for Australian guidelines for validity testing in neuropsychological assessments.

Update on Third Party Observers in Neuropsychological Evaluation: An Interorganizational Position Paper.

The National Academy of Neuropsychology (NAN), the American Academy of Clinical Neuropsychology (AACN), and the American College of Professional Neuropsychology (ACPN) collaborated to publish an update to their original position statements, confirming the organizations' opposition to third party observer (TPO). A review of literature addressing TPO effects, ethical standards, professional organization position statements, test publisher policies and new telemedicine developments was completed to obtain consensus on relevant issues in TPO and recording of neuropsychological evaluations. TPO has been shown to impact the cognitive functions most often assessed in forensic or medicolegal settings. Third party observation, whether in person, recorded or electronic, remains a potential threat to the validity and reliability of evaluation results, and violates test security guidelines, ethical principles and standards of conduct in the field. Demands for TPO in the context of medicolegal or forensic settings have become a tactic designed to limit the ability of the consulting neuropsychologist to perform assessment and provide information to the trier of fact. The field of neuropsychology opposes the presence of TPO in the setting of medicolegal or forensic neuropsychological evaluations.

Update on Third Party Observers in Neuropsychological Evaluation: An Interorganizational Position Paper

Objective The National Academy of Neuropsychology (NAN), the American Academy of Clinical Neuropsychology (AACN), and the American College of Professional Neuropsychology (ACPN) collaborated to publish an update to their original position statements, confirming the organizations’ opposition to third party observers (TPO). Method A review of literature addressing TPO effects, ethical standards, professional organization position statements, test publisher policies and new telemedicine developments was completed to obtain consensus on relevant issues in TPO and recording of neuropsychological evaluations. Results TPO has been shown to impact the cognitive functions most often assessed in forensic or medicolegal settings. Third party observation, whether in person, recorded or electronically, remains a potential threat to the validity and reliability of evaluation results, and violates test security guidelines, ethical principles and standards of conduct in the field. Demands for TPO in the context of medicolegal or forensic settings have become a tactic designed to limit the ability of the consulting neuropsychologist to perform assessment and provide information to the trier of fact. Conclusions The field of neuropsychology opposes the presence of TPO in the setting of medicolegal or forensic neuropsychological evaluations.

Retrospective autopsy-based profiling of fatal cranio-cerebral injuries sustained due to blunt force trauma in mewat region

Traumatic head injury due to blunt force impact constitutes maximum number of morbidity and mortality in clinical and medico-legal settings. Serious life-threatening injuries damage do occur when the victim is pushed or knocked to the ground, leading to striking of his head. The aim of the present study was to assess and outline the pattern of fatal cranio-cerebral damage sustained due to blunt force trauma. This was a three-year retrospective autopsy-based study from a tertiary care centre of rural southern Haryana. All the cases, where the cause of death was due to cranio-cerebral damage predominantly were included in the study. Out of total 143 cases offatal head injury who succumbed to death, predominantly were males and were in age group of 15-45year. Road traffic accidents was the leading cause of head injury while only few cases were as a result of assault. In hospital deaths, maximum patients died within 2 hours of hospitalisation. Analysis of all the head injuries showed the commonest injuries were scalp injuries followed by the life-threatening intracranial haemorrhages (SDH & SAH). Linear or fissured fracture predominates among different types of skull fractures and vault of skull was most likely to be fractured as compared to base of skull. Blunt trauma to the head is still a pertinent challenge for the autopsy surgeon who must thoroughly construe injury pattern and otherfindings at autopsy, and correlate all of the findings to make an accurate ruling of the cause and manner of death.

Nurses and Medicolegal Death Investigation.

Forensic nurses currently serve in medicolegal death investigation settings nationwide, yet registered nurses seldom recognize death investigation as a career option. The purpose of this article is to describe medicolegal death investigation in the United States and the roles nurses can achieve, depending upon state and agency job requirements. Duties and qualifications for job positions, whether filled by election, appointment, or staff hiring, are described to provide examples of nurses' roles within the medicolegal death investigation setting and to present career options. Forensic nurses have the educational preparation, medical skills, and forensic knowledge to serve within death investigation systems as a chief officer (e.g., coroner), deputy officer, or staff investigator.

Assessing the confidence-accuracy relationship in risk assessments using the START: introducing calibration analysis

ABSTRACT A risk assessor’s confidence has been shown to influence both the rater as well as those evaluating the risk assessment. It is important to consider the impact of confidence on accuracy in the risk assessment field given the significant implications of risk assessments for the assessed (e.g. available treatment options vs. restrictions of liberties) and the safety of the public. While prior research in the risk assessment field has used correlations to investigate the confidence-accuracy (C-A) relationship, a number of fields in psychology have introduced additional techniques, including calibration analysis, to understand this relationship. In this study, we examined the C-A relationship across various adverse clinical outcomes using the Short-Term Assessment of Risk and Treatability (START) and compared and contrasted the C-A relationship using conventional methods (i.e. correlations/ROC analysis) and calibration. Raters completed START assessments for a sample of 106 civil psychiatric inpatients. Overall, calibration provided greater detail into the C-A relationship compared to correlations/ROC analysis. Our results also suggested that the C-A relationship varied as a function of the outcome assessed (e.g. violence, substance abuse, unauthorized leave). These results provide insights into the C-A relationship in medico-legal settings and can inform best practices for risk assessment training and implementation.

Exaggerated Functional Impairment due to Malingered Neurocognitive Dysfunction Following Mild Traumatic Brain Injury.

Functional impairment associated with Neurocognitive Disorder is often claimed in medico-legal settings after mild Traumatic Brain Injury (mTBI). This case-control study examined self-reported functional impairment and the plausibility of chronic disability claims following uncomplicated mTBI. Independent Medical Evaluations included a battery of performance and symptom validity tests, along with self-reports of physical or emotional complaints and functional impairment. Slick and colleagues' (Slick, D. J., Sherman, E. M., & Iverson, G. L. (1999). Diagnostic criteria for malingered neurocognitive dysfunction: Proposed standards for clinical practice and research. The Clinical Neuropsychologist, 13, 545-561.) criteria ruled out probable malingering in 21 mTBI cases without psychiatric comorbidity and their self-reports were compared to those of seven non-malingering cases with a psychiatric comorbidity, 17 who were probable malingerers, and 31 orthopedic pain sufferers. Coherence Analysis of medical documentation corroborated assignment of mTBI cases to non-malingering versus probable malingering groups. Probable malingerers reported more postconcussion symptoms than non-malingerers (d = 0.79) but they did not differ significantly on tests of neurocognitive performance. Probable malingerers and orthopedic pain patients gave significantly higher ratings of functional impairment (d = 1.28 and 1.26) than non-malingerers. Orthopedic pain patients reported more disability due to pain than non-malingerers (d = 1.03), but pain catastrophizing was rated more highly by the probable malingerers (d = 1.21) as well as by the orthopedic pain patients (d = 0.98). The non-malingerers reported lower emotional distress than the other three groups, but only the probable malingerers reported elevated depression symptoms compared to the non-malingerers (d = 1.01). The combined evaluation of performance validity, function, and coherence analysis would appear to enhance the difficult clinical evaluation of postconcussion symptoms in the medical-legal setting.

Online Survey of Medical and Psychological Professionals on Structured Instruments for the Assessment of Work Ability in Psychiatric Patients.

Objective: To evaluate perceived needs and difficulties related to instruments for assessing work ability in individuals with mental disorders.Method: We conducted an online survey of 104 German-speaking medico-legal experts (forensic psychiatric and psychology experts, insurance physicians) and therapists.Results: The large majority of respondents reported they would welcome a standardized, structured instrument for the assessment of work ability. High predictiveness, inter-rater agreement, comprehensibility for laymen, and symptom validity were desired in roughly equal measure as the main characteristic of such an instrument. More women than men, and more medico-legal experts than therapists, considered symptom validation as always necessary. Pain, personality, and affective disorders were perceived to be the most difficult disorders in the context of work ability assessments.Conclusion: Our survey documents professionals' wish for a structured assessment of work ability in both medico-legal and therapeutic settings.

Complex regional pain syndrome type 1 in the medico-legal setting: High rates of somatoform disorders, opiate use and diagnostic uncertainty.

Objective The aim of this study was to review demographic and clinical characteristics of patients with complex regional pain syndrome type 1 (CRPS) seen in a UK medico-legal setting - particularly the relationship between CRPS and somatoform disorders. Methods Fifty consecutive cases of CRPS (interviewed 2005-2016) undergoing psychiatric assessment were reviewed. A systematic assessment of mental states was conducted via interview and examination of medical/psychiatric records. Thirty patients also completed the Brief Illness Perception Questionnaire (BIPQ). Results Sixty per cent of patients ( n = 30) were female, and the mean age was 43 years. Twenty-two per cent ( n = 11) were employed, and 60% ( n = 30) received disability benefits. Symptoms were reported in the upper limb (62%; n = 31), lower limb (30%; n = 15), both (6%; n = 3) or elsewhere (2%; n = 1). Eighty-four per cent ( n = 42) satisfied DSM-5 criteria for current somatoform disorder. A history of more than two pain-related functional somatic syndromes (e.g. non-cardiac chest pain) was found in 42% ( n = 21) and functional neurological symptoms (e.g. 'claw-hand') in 42% ( n = 21). BIPQ scores resembled those associated with somatoform disorders and disorders mediated by psychological factors (e.g. irritable bowel syndrome). In 38% ( n = 19), the CRPS diagnosis was disputed among experts. A history of depression was noted in 60% ( n = 30), panic attacks in 20% ( n = 10) and alcohol/substance misuse in 18% ( n = 9). Opiates were prescribed to 64% ( n = 32). Conclusions Patients diagnosed with CRPS involved in litigation have high rates of prior psychopathology (mainly somatoform disorders) and pain-related disability for which opiate use is common. They risk an adverse reaction to limb pain 'shaped' by maladaptive illness beliefs. The CRPS diagnosis lacks reliability in medico-legal settings and may cause iatrogenic harm.

Violence risk assessment and Indigenous Australians: A primer

Violence risk assessment instruments are widely utilised in Australian medico-legal settings to help estimate an individual’s level of risk for future violence or offending. This introductory Brief discusses the extant cross-cultural research on risk instruments and the current applicability of the instruments to Australian Indigenous people.

Validity testing and neuropsychology practice in the VA healthcare system: results from recent practitioner survey

Objective: A survey of neuropsychologists in the Veterans Health Administration examined symptom/performance validity test (SPVT) practices and estimated base rates for patient response bias. Method: Invitations were emailed to 387 psychologists employed within the Veterans Affairs (VA), identified as likely practicing neuropsychologists, resulting in 172 respondents (44.4% response rate). Practice areas varied, with 72% at least partially practicing in general neuropsychology clinics and 43% conducting VA disability exams. Results: Mean estimated failure rates were 23.0% for clinical outpatient, 12.9% for inpatient, and 39.4% for disability exams. Failure rates were the highest for mTBI and PTSD referrals. Failure rates were positively correlated with the number of cases seen and frequency and number of SPVT use. Respondents disagreed regarding whether one (45%) or two (47%) failures are required to establish patient response bias, with those administering more measures employing the more stringent criterion. Frequency of the use of specific SPVTs is reported. Conclusions: Base rate estimates for SPVT failure in VA disability exams are comparable to those in other medicolegal settings. However, failure in routine clinical exams is much higher in the VA than in other settings, possibly reflecting the hybrid nature of the VA’s role in both healthcare and disability determination. Generally speaking, VA neuropsychologists use SPVTs frequently and eschew pejorative terms to describe their failure. Practitioners who require only one SPVT failure to establish response bias may overclassify patients. Those who use few or no SPVTs may fail to identify response bias. Additional clinical and theoretical implications are discussed.