L.e. Johnson V. Eric Shinseki

[deltaj]

For those veterans who have an unsigned medical report, you may want to read the dissenting opinion of a judge at the bottom of this CAVC case which was decided February 3, 2010 and which has a case number of

07-0987. I found it on NOVA News and Views.

Edited March 16, 2010 by deltaj

[broncovet]

Delta

I agree and I wonder how many Veterans claims have been denied with unsigned medical exams. Probably many, if not most of the denied claims are in that category.

Frankly I think a Vet may well be able to use this as a loophole when/if they got a bad C and P exam that they are trying to get thrown out.

The link is here:

http://www.nvo.org/phpbb3/viewtopic.php?p=3095

[carlie]

linky - no workie - for me.

[Vync]

Someone please tell me if I am correctly reading the decision. It looks like the court upheld the denial because the unsigned report was submitted via the CAPRI system, which indicates an 'implied' signature. The dissenting judge disagrees because the the rules require a signature. i.e. meaning that if the doc fails to sign the document, it's still official.

Is that correct?

[carlie]

i.e. meaning that if the doc fails to sign the document, it's still official.

Is that correct?

Vync,

That is my understanding.

[Vync]

Just doesn't sound right. The doc could still be 'debating' his results. If the doc hits send accidentally, the Veteran is screwed. I view this like a check, not valid until signed.