Can a Polygraph (Lie Detector) test be used as evidence in any claim.

[VN-Vet]

Hey Guys - 

Firstly I want to thank everyone here for making me feel welcomed and offering some very sage advice, wisdom and critical information - I hope I don't wear you out, or my welcome.

Today I am asking about  Polygraph testing results to be used as evidence.

I see it as a way I can add credibility to any issue on any claim I may submit. I am not thinking of using any test results as the only supporting document submitted, but in addition to whatever I am able to accumulate.  

Anyone know if it has been done or even if it is acceptable?

I do see a possibility of opening the door that may be opened, where the VA says, well if you submit these test results, then we want to give you our test too.

What do you guys know and think of this?

BTW - can I set the default 'Notify me of replies' to my questions and threads I want to watch so I get notified when I forget to toggle it?

 

[vetquest]

Using a polygraph is something that I hope is never used in VA cases.  We could all pass a polygraph as to the honesty of our claims but the VA doubting our veracity is something that happens anyway.  I would rely on buddy statements more than I would rely on a polygraph.  These show that others have witnessed your injury or stressors.  The VA puts credence in these statements.  

Polygraphs I believe are not normally allowed in court and that is what a BVA hearing is.  It is performed by law judges that review your claim and all evidence presented.  I have never had much luck with the local VA but I have been to the BVA twice and won a two cases over the past thirty years. 

[VN-Vet]

Thanks vetquest - there is a logic to your reply, but I intended to use the test along with the buddy letters and all other supporting documents I can muster so that I get as far as I can with the initial C&P and evaluation of claims submitted. 

My thought - it would be easier to go from 10% to 20%, or from 70% to 100%, and even easier to from not having a claim recognized and having a disability at 0%, then requesting an increase when and if you need to go to the BVA.

You bring up a goo point with something I had not considered, and that would be 'can we remove a buddy letter or document from the file before it goes to the BVA?

Just thinking outside the box - I know it has to have been done, or attempted, I just haven't seen any reference to the results.

While studying the recent PTSD manual, I can see where the latest CAPS-5 for DSM-5 were created more to find ways for the examiner to reduce exaggeration and malingering to a minimum. It is definitely being designed and conditions harder to pass rather then making it more accurate and helping anyone with PTSD. One of the changes they brag about in the manual is that even if you have multiple stressors that make up your PTSD - the design now is they ask you to only use the stressor you feel is worse, and use only that stressor for each of the following questions.  I don't see how that change has not been challenged and overturned - but before that becomes an issue for those of us that have yet to be diagnosed, we have to have the VA acknowledge we have PTSD.  But PTSD is not the main reason I hope to be able to use the Polygraph, more so for the medical rerecords missing in my file.
 
I have some time to find more info - I hate paying $500-$1,000 for a high level exam if I can avoid it.

[Tbird]

Here's a guide on how to change your notification settings

How to change your notification settings.pdf

[Tbird]

I think you need a diagnosis before anything else, have you seen someone at VA about the problems you are having. I would think you should start there, it sounds like you are doing a lot of research on PTSD, it might be better to go through your symptoms with a doc and make sure that is what is going on and if there is anything else going on. Often major depression can accompany it. 

[Tbird]

polygraph sounds over the top to me

[VN-Vet]

Thanks Tbird - I am not sure what you mean by over the top - but I feel you have reservations about it.

in one context -- I am just feeling it is better to be as prepared as I can be when I submit a claim, it wouldn't be excessive if that would add any weight to my side of the scale of justice.

I may have 2 claims that I may be questioned that I need to prove b the preponderance of evidence submitted where the evidence submitted may lack total credibility.

I am just looking for a plan B in case I cannot find the records that should be in my medical file somewhere and when and if I file that MST.  I am not someone that likes leaving a rock unturned if I have access and the means, and I have it now, but that will change in the years ahead. 

I am also researching other issues as well, but they are easier to find more concrete information on, unlike the issues I post about.