ptsd C&p Exam Advice

[*Bergie*]

I have read quite a large number of posts from everyone regarding horror stories at c&p exams, especially PTSD exams. I know first hand as I was told during my exam for a NOD that I "have not played the game long enough" and that "I needed to wait a few years, then I'll get it". Anyway, I just thought of this, maybe someone else has mentioned it I don't know. I think that everytime we have these exams we should bring a small tape recorder and record the BS, don't mention the recorder until after the exam and see how their attitude changes. This would sure turn heads if the public could see what we go through. Another sad misconseption, the doctors at the VAMC and clinics sure don't have a clue with regard to the c&p doc's and the VARO. Ok I'm through venting, thanks for listening!!!

Have a nice day,

Bergie

[Pete53]

I had 4 Hearings at VARO and every one of them was recorded. What is good for the goose is good for the gander.

[carlie]

I have posted something before from either 38 CFR or M-21-1MR

clearly stating a claimant is not allowed to record a c&p examination.

Maybe one of our research hounds can locate it and repost it for us.

This issue pops up about every 6 months.

carlie

[smilen66]

From:M21-1MR, Part III, Subpart iv, Chapter 3, Section A

1. General Information on Examination Requests, Continued

d. Description of Terms: General Medical Examination, Specialty Examination, and Specialist Examination (continued) Specialist Examination

A specialist examination is any examination that is conducted by a clinician who specializes in a particular field.

Notes:

• All vision, hearing, dental, and psychiatric examinations must be conducted by a specialist. On rare occasions, it may be necessary to request a specialist examination for other types of disabilities.

• When requesting a mental disorders examination, specify that if possible, the veteran’s treating mental health professional should not perform the examination.

Reference: For more information on specialist examinations, see M21-1MR, Part III, Subpart iv, 3.A.8.

e. When to Send the Claims Folder With an Examination Request Send the claims folders to examining facilities with the examination requests only in circumstances that may require claims folder review by the examiner.

In general, the claims folder should be sent for the examiner’s review in any case involving a

• request for a mental disorders examination

• request for a formal medical opinion, or

• Board of Veterans’ Appeals remand.

References: For more information on

• requests for medical opinions, see M21-1MR, Part III, Subpart iv, 3.A.9, and

• handling examinations in claims for service connection for PTSD, see M21-1MR, Part III, Subpart iv, 4.H.31.

f. Veteran’s Legal Rights A veteran has no legal right to

• be accompanied by counsel during an examination, or

• record an examination.

Continued on next page

[*Bergie*]

From:M21-1MR, Part III, Subpart iv, Chapter 3, Section A

1. General Information on Examination Requests, Continued

d. Description of Terms: General Medical Examination, Specialty Examination, and Specialist Examination (continued) Specialist Examination

A specialist examination is any examination that is conducted by a clinician who specializes in a particular field.

Notes:

• All vision, hearing, dental, and psychiatric examinations must be conducted by a specialist. On rare occasions, it may be necessary to request a specialist examination for other types of disabilities.

• When requesting a mental disorders examination, specify that if possible, the veteran's treating mental health professional should not perform the examination.

Reference: For more information on specialist examinations, see M21-1MR, Part III, Subpart iv, 3.A.8.

e. When to Send the Claims Folder With an Examination Request Send the claims folders to examining facilities with the examination requests only in circumstances that may require claims folder review by the examiner.

In general, the claims folder should be sent for the examiner's review in any case involving a

• request for a mental disorders examination

• request for a formal medical opinion, or

• Board of Veterans' Appeals remand.

References: For more information on

• requests for medical opinions, see M21-1MR, Part III, Subpart iv, 3.A.9, and

• handling examinations in claims for service connection for PTSD, see M21-1MR, Part III, Subpart iv, 4.H.31.

f. Veteran's Legal Rights A veteran has no legal right to

• be accompanied by counsel during an examination, or

• record an examination.

Continued on next page

Ok,

Than just don't mention the recorder or have your spouce do the recording when she accompanies you. That way you can claim she did it not the "veteran". It's kind of funny, seems like they have something they are trying to hide? LOL?

Bergie

[*Bergie*]

The VA is a federal facility and recording devices are prohibited... I know there is a sign on the door of my VA stating this.

Gee,

Does that include cell phones!!! :D

[jim n ok]

most c and p exams are done by qtc contractors ,off of va property and va rules do not count. record it if you want.there's no guards like at va hospital. it's a civilian facility...

Edited June 25, 2009 by jim n ok