C&p Done Without C-file -

[vetwife]

My husband just had C&P exam a few weeks ago.

It went very badly & he knew it would be a bad C&P report.

We just got it, & It is ! It is false & completely innaccurate.

Prior to the exam he found out is was a NP doing the exam. He requested a Dr & was denied. He call the RO & they told him they had nothing to do with that & he need to call VAMC. He called them again & was still denied having a DR do the exam & was told he must go & that an NP was sufficient for this exam.

Not having a choice - he went...... The "examiner" did not have his C-file nor any of his records. She asked him very few questions & filled out the entire 35 page questionaire by herself - with little information from him & no records in front of her. (She told him she didn't have the file ) and on the way out he talked to the office person who confirmed that the RO had just sent the file out that day & they did not have the C-file.

I need advise on how to get this C&P thrown out & a new one (by a DR with file present) ordered.

[Berta]

You could request as a Complaint (that will get their attention as if you file as complaint- a copy goes to the VA Central Office and then to the VARO)

via Iris at the VA web site requesting that he be given another C & P exam that complies with the regs.

[vetwife]

Oh, thanks, that will be much quick than a letter.

Which office should I email the complait to?

his case should be with BVA now (after 2 denial) but still being rated at our RO?

Should I send IRIS to BVA or RO? or both?

This was a TERRIBLE C&P inaccurate doesn't even describe it!

[rentalguy1]

I would file a complaint, too. Just be aware that the examiner is not required to have the vet's c-file, or to even have reviewed it prior to a C&P.

[Philip Rogers]

Unless that's changed in the past couple of yrs they are required to have reviewed the c-file prior to the exam and have the file present. Please post your authority. Thanks!

pr

[rentalguy1]

38 CFR 3.?? (I think) I know it's been discussed on hadit recently, becaue I brought it up, and it was determined that it isn't required by a red. Merely suggested in the clinician's guide.

I just walked back in the house, so give me a few and I'll see if I can find it.

[Guest jangrin]

I believe it is required for an initial PTSD examination.

see below

I just sent this in with a NOD for my husband’s PTSD claim that was denied by a lousy C&P doc who said, gee I think you have PTSD “like” symptoms. DUH ! No cfile, I think this is a CUE.

Please note the underlined section regarding PTSD

Examination.

M21-1mr Part III Subpart IV chapter 3 section A1. 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.

Note: 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.

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 Do not send the claims folders to examining facilities with the examination requests except in circumstances that may require claims folder review by the examiner.

Note: The claims folder must be sent for the examiner’s review in any case involving

• a request for a formal medical opinion

• an initial claim for service connection for posttraumatic stress disorder (PTSD), or

• a 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.D.31.

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

• be accompanied by counsel during an examination, or

• record an examination.

g. Jurisdiction for Examination Requests for Foreign Beneficiaries The Pittsburgh Regional Office RO handles requests for field and medical examinations to be performed by the Department of State for foreign beneficiaries except for those handled by the

• White River Junction VAM&ROC (Canada), and

• Houston RO (Mexico, Central and South America, and the Caribbean).

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