Proof That C&p Exam Didn't Match Our Discussion

[ogj23]

My lawyer filed a NOD/DRO Review for my initial denial. To make a long story short the c&p examiner wrote down his own answers to the questions he asked me. He also stated he read my file I see a local VA Psych in my town and he does not agree with it either. I recorded my entire c&p because I live in a one party state. My attorney had the recording transcribed and his answers he typed in do not match the recording. Is there anything I can do with this information to help my NOD move quicker. I do have some NM evidence to turn in but I was just wondering about the recording. Thanks for any advice.

[Chuck75]

 

I agree, I believe that we should be able to record without consent any conversation that we have at the VA, no questions asked. I also think that all visits should be recorded and encrypted automatically using keys that are only available from the DC VA level to ensure there is no local collection of audio/video data. If a Veteran requests these copies they are then re encrypted with a veterans social and sent to them, etc. so they can unlock it.

 

However I do have to caution, caution, caution once again....

 

The VA is a FEDERAL agency, there is some case law to support that the federal government doesnt have automatic jursdiction because of this. read some case law involving theft from a IRS office, shooting at Post Office, etc. and it was ruled not primarily federal jurisdiction, however consult your lawer, consult again. make sure he does his research. you do not want to give the VA the ammo to go after you. they dont like being shown they are corrupt and inept. if the evidence you produce to embarass them is the same evidence they can use to incarcerate YOU, then believe me they will do it.

"What exactly motivated the US Government Department of Veterans Affairs to defend this type of behavior from being recorded?"

A possible factor is union agreements. Supposedly a union employee needs to give consent and had previous notice. But, my understanding was that this only applied to government recordings. The government environment I worked in for decades prohibited any sort of recording devices, unless there were formal authorizations, prior notice, and even the equipment approved. We used to get into "fights" with visiting officers that wanted to take cellphones into meetings. (Not only no, but *&^% NO!  (They were supposed to turn them over to the on watch security officer before they even came into the building.)

[USMC_VET]

The problem in examinations is that the doc does NOT put down the accurate history as your tell him. If he adds, or omits, anything, it is no different that falsifying medical records (which is a felony). It is unconscionable for the Federal Government to protect anyone from prosecution in this fashion. He reports your history, and it becomes a part of a legal document, your health record. If he omits statements you made, it can have a substantial effect on you, as well as a major effect on one's ability to receive relief for injuries suffered during active duty in the service of our country.

 

This is a contentious issue, and should be properly litigated in court to protect our rights, not to protect the US Government from paying damages because of rogue doctors omitting information, or adding information where it is inappropriate.

I understand that the docs are, and should, use their experience and judgement to decipher the medical 'truth' using our oral recounting of symptoms vs physical medical data and current medical knowledge of that illness.  I get that.

However i do feel that since the rater is basing their rating SPECIFICALLY ON WHAT THEY WRITE DOWN, that it should incumbent for the Doctor to write down ALL pertinent facts and either accept them based on other evidence or experience or refute them using the same.  If say i feel sad/depressed most of the day, have panic attacks 2x weekly, have trouble holding down a job, hate my work, argue with my wife, dont have any friends but a few from back in the day and havent made a new one in 10 years, get angry easily and have violent outbursts.....

and then they only write down that i have a few panic attacks, that some indicators of depression, and indications of inability to be content at work along with arguments in my relationships, this does not indicate a very severe issue.

If feel the C&P exam should look like this at least in the notes portion...

12) Symptoms Reported/Clinical Opinion

symptoms of depression- Veteran indicates that they feel "sad/depressed most of the day" and relate it as a similar to a close friend dying, on the verge of tears.  it is my medical opinion that this may be over exaggerating the symptoms, while they may feel sad, i did not feel that the veteran shows the current symptomology (list those here) of someone who, as they report they are, severely depressed for a large portion of the day.  If that were the case, it is common to find in sufferers indications of hygiene issues, more missed days of work..........................

Panic attacks - the veterans reports panic attacks on average twice a week.  There was no indication that this report was untrue as the veteran exhibited classic symptoms of someone who experiences said symptoms, such as visible increased heart rate and breathing when issues of stressors were brough up.

employment related issues - Claims file indicates that days have been missed over past year, and was reported by veteran these were related to depression and headaches. however as related above they do not indicate what is common among nearly all sufferers of severe depression and follow more along the lines of  moderate depression.

inability to make and keep friends -  The Veteran reports inability to make new friends as well as continue relationships built prior to onset of symptoms other than a couple friends "from the old days back in active duty". It was reported the veterans that he had stayed in contact with also suffered from PTSD and related symptoms.  This is common among those suffering and there is no evidence to the contrary this is untrue.

spousal and intimate relationship problems - Veteran reports........

Anger/Violence issues - .............

 

 

You get the picture.  I feel it should be incumbent on the examiner to annotate ANY and all symptoms that were relayed by the veteran during the examination process and provide evidence (whether physical and in the claims file or from tests or from experience and current medical literature) to the contrary if they are to be dismissed.  the rater then (and probably will) can weigh that opinion against the other evidence submitted to make a better call.  If the rater has a piece of evidence that was submitted to them but unavailable to the examiner that backs up a symptom claim the examiner might dismiss it out of hand based on teh subjective oral report of the symptom.  If the examiner marks "NO" for a specific issue, then the rater may dismiss it as well despite the evidence because the "medical professional" did not annotate it.  Everything should be transparent, to the examiner, to the rater and ultimately to the veteran.  i dont get to make claims with no evidence and then it be accepted by the VA, and the VA should not be able to, through the examiner to do the opposite and just "unmake" the claim of the symptom without evidence or at least an explanation why.  If they are confident enough to dismiss it then they should be able to explain WHY WHY WHY.

[Fat]

Independent Medical Exam..........

[Buck52]

I WAS WONDERING IF WE CAN TAKE OUR SPOUSE TO OUR C&P? AS WITNESS? OR A BROTHER /SISTER? SON/DAUGHTER?

 

......Buck

[k5one]

I have seen it both ways.  I have read where a claimant's spouse attended the C & P, and I have read where the claimant was told his spouse has to wait outside.  So it seems to be left up to the examiner.  

[Buck52]

IT'S GOOD  FOR THE VETERAN ASK THE EXAMINER  FOR HIS/HER CREDENTIALS & QUALIFICATIONS BEFORE THE EXAM ....IF THE EXAMINER REFUSES  THEN THIS HELPS THE VETERAN , IF THE EXAMINERS LIES ABOUT HIS CREDENTIALS THAT ALSO HELPS THE VETERAN  AND CAN REQUEST ANOTHER C&P WITH DIFFERENT EXAMINER.

 

 a good examiner will be qualified in his/her speciality  in the filed subject to the examination.  (normally)

jmo

...................Buck