Use Of Tape Recorder During C&p Exam

[tssnave]

At some point in my claims process I got a copy of the precident about using a tape recorder during a C&P exam (please note - I am NOT talking about a claims hearing but only about a C&P exam). I have just uncovered that document and it can be found here:

http://www.va.gov/ogc/docs/1991/PREC_04-91.doc

I have two questions:

1. Where can you find VA precedent papers like these? Please post a link to a search engine or where on the VA site you can find them. I know in another thread Wings posted another precident on another topic so I'm hoping there's a place on the internet to search for them.

2. Does anyone know or know how to find out if there's been any precident since this 1991 ruling that ALLOWS the use of a tape recorder or other recording device during a C&P exam?

Thanks,

TS Snave

[carlie]

TS,

Here's where you can research precident opinions of the General Council.

http://www.va.gov/ogc/precedentopinions.asp

No updates on recording a C&P exam, remember it's your exam - that a VA rater has ordered to assist with your claim -- but VA is paying the examiner.

jmho,

carlie

[yoggie2]

Man this is a good question, I would do this and would recommend it, you sure couldn't get screwed on the facts....But what if the exam is on government property or off?

I guess so?

http://vetassist.blogspot.com/2006/05/comp...nsion-exam.html

[MRRRR5]

Interesting subject; however, if the Vet was to use a recording device, would not the Vet be obligated to inform the examiner that a recorder is being used?

Correct me if I'm wrong, but in general, I thought that the other party had to at least be made aware that a conversation is being recorded in order for it to be admissable in any court, and potentially, a Vet's claim could go to the Veterans Courts or the one above it. Just thinking out loud... :P

[tssnave]

Carlie - thanks for the prompt reply and link to the precidents. You always "help a vet" when you reply to me and I appreciate it a lot!

Yoggie - I went to the website you posted and tried to send an email asking them what reg or citation covered the use of a tape recorder during a C&P exam but the email doesn't work and I'm not a member of that forum so it wouldn't let me post the question as a comment. If you are a member of that group would you please ask in both the comment section and via the email link what reg they are citing that states you are allowed to take a tape recorder into a C&P exam and post the answer. I am unable to tell if this is simply someone's well intentioned opinion or if it is their well informed information if I am unable to check what they say against a regulation or something that the VA must abide by.

MR5 - Yes, IMO you would need to let the examiner know that you had a tape recorder otherwise that evidence would most likely not be admissable as evidence. The VA letter I posted said you couldn't use a recording device because it would impede the relationship between dr and pt - well, I don't agree w/ that and neither would anyone who said one thing to an examiner and then had something entirely different show up on their C&P exam. I think the use of a recording device would prevent errors in what the vet said though it wouldn't do much for errors of the doc's opinion.

This is why I agree w/ those vets who think you should take a spouse to a C&P exam. At least they could provide a statement of case as to what was actually said if the examiner misquotes you. However, given that a spouse is an "interested party" the VA could weigh what they said very low. A recording would ensure that there was an objective record of what was said during the exam.

Though I thought my examiner did a find job, I have read so many C&P horror stories that I can't help but wonder when vets are going to make recording their exams an issue. If the examiner is being accurate then they have nothing to fear if not, a recording of the exam could save the vet a lot of time, money, and anxiety in trying to set the record straight.

If anyone knows of a reg or letter that overturns the VA's refusal to let you take a tape recorder into the C&P exam, please let me know.

Thanks,

TS Snave

[carlie]

TS,

Try doing a BVA searech for 2008 and enter recording compensation and pension examination,

maybe that will have something, but todate I do not think it is allowed even if you ask the examiner --

remember the C&P is being done on VA's dime, not the claimant's money - therefore limits some right we

think we maybe entitled to but aren't.

jmho,

carlie

[rentalguy1]

Maybe we should all write to the members of the veterans committees, and demand that every single C&P exam performed, whether by a VA doc, or by a contract doc, be recorded. We have plenty of cases where the vet was screwed to use as evidence, and the matter has been brought up before, so it's nothing new. They don't want us to record it...fine! Let them record it and be the custodian of the tapes. A recording is a recording, and you can't fake that. They need to make a copy of the recording available to the vet for a reasonable fee, also.