Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
Mcafee

Compensation And Pension Exam.

Question

Hello all hope all is well. I have gone for two C+P exams one in November for my service connected injuries and today for secondary conditions.Both times that i have gone for these C+P exams the examining physician upon my request to review these records said they are not available.By Rules and Regulation of the Veterans Administration should this be accessable for this compension and exam as a reference for the physician.When i requested to see them he first said ok then he said they are not available after the exam and again i have provided them with the necessary documents to show this such as MRI reports and so forth. My Questiuon is this against the Law.When i got home i typed up a letter to my POC at the VARO whom is processing my claim to let him know my concerns.I also contacted General Counsel in Reference to this but my contact was on his way out the door to go to court.PLease help . And Thank You. I also helped an Vietnam Veteran today whom has AO told him about this site i am spreading the word . This is a great site and the people are wonderful and helpful.

Share this post


Link to post
Share on other sites

Recommended Posts

The VAMC where you got the C&P exam should have these reports on record. You have to go to the department that handles records requests and sign a request for information. I don't know why this quack would tell you that your C&P exam report is not available to you. It takes a few weeks for them to write up the report after you go for the exam, but you are entitled to a copy.

Share this post


Link to post
Share on other sites

Are you asking him to let you review the C&P exam records from the exam?

Or are you asking about other records?

If you are asking about the C&P records, sometimes they are not available immediatly, you can request them from the VAMC that in incharge of the C&P clinic. Sometimes the examiner needs a supervisor to sign of on the exams before they are considered final, and that may be why they are not avaialable immediatly. No, it is not against if they do not make them available to you right there. They can require you to fill out a release form and they can even require that your records be mailed to you as sometimes the records have such types of information that a supervisor must sign off on the release.

If you are asking about seeing your VAMC Recs or C-File, not they are not required to have access to them to complete a C&P exam. There are many times when a C-File or SMR's are not available to the examiner. It is not against the law.

It might have been a misunderstanding on the examiners part as to what you were requesting or he could be a "ride the short bus to school" type of doctor or he might just be a butthead.

Do not be discouraged.

Edited by donews

Share this post


Link to post
Share on other sites

Thank you all for you replies.Actually i was asking the C+P examiner to review medical records so i can see what documentation they have on record .I was informed by my POC at VARO that the SMR and VAMC records would be available for review but as usual this is not the case again no records at all.I did not even see what was on computer since they are changing or have from a paperless record .I did supply him with SMR and current medical information to show all issues.And with his permission i did record this C+P exam.

Share this post


Link to post
Share on other sites

Umph! You were able to record your examination? I'm intrigued.

Share this post


Link to post
Share on other sites

Mcafee, you recorded this exam, you request the C&P examiner to review or present you with you SMR or Cfile medical records so you could see what documentation they have on record? Awesome! Myself, I have much difficulty seeing any data on a computer screen designed for one user, even if the doc turns it to show me.

My husband and I have her or his preferences for computer video screens (driver seats too!).

Now, I can hardly wait to see my cp exams, but have to wait for now.

Best to ya, you set the bar high on C&P patient expectations and I like that!

CG

Thank you all for you replies.Actually i was asking the C+P examiner to review medical records so i can see what documentation they have on record .I was informed by my POC at VARO that the SMR and VAMC records would be available for review but as usual this is not the case again no records at all.I did not even see what was on computer since they are changing or have from a paperless record .I did supply him with SMR and current medical information to show all issues.And with his permission i did record this C+P exam.
Edited by cowgirl

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
      • 0 replies
    • HadIt.com Branded 11oz Coffee Mug for sale
      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
      • 0 replies
    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
      • 0 replies
    • I just received a deposit to my checking account. The description says VALG TREAS 310 TYPE: XXVA.
      I'm not sure who to ask about this deposit. I am concerned because I was not notified I would be receiving it.
      I retired from the Marines in 1997 with 10% disability. I've been receiving a separate disability payment from my regular retirement pay. This deposit is completely unexpected. thank you for any insight.
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines