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

[LarryJ]

First of all, the word in common use here is "precedent".

And, in my classes in sociology concerning "How to Win and Influence People" it is common knowledge that the fastest way to really trip someone's trigger is to tell them that you trust them so much that you think you had better record your conversations. And, if you should secretly record something that is going to wind up being part of legal medical records, then you have wandered down a medico-legal path that I, myself, would not tred.

but, hey, I'm just the doped-up vet in this room.

[yoggie2]

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.

I agree 100%, but this would not and will never happen, I have been recorded for things none related to VA in the past and its always been 2 party consent. But for a fact it would keep them to the letter of the LAW and I know one thing for sure, I sure would want to be seen on tape stretching the truth and on the other hand it would keep the Doc in check C&P would be creditable whether a NP done it or not.

Edited July 29, 2008 by yoggie2

[tssnave]

Larry,

Thanks for the spelling lesson (it was never my strong suit and auto spell check hasn't helped it any)! Now, if you can just clarify for me if I bear or bare under the weight of working a VA claim then I will award you with the "Panda who eats leaves and shoots" award. ;-)

I understand what you're saying about the trust issue but by the same token, since a VA hearing to gather evidence is recorded it makes perfect sense to me that a C&P exam, also used to gather evidence, should be routinely tape recorded as well.

I have never advocated black ops recordings though I do agree with the suggestion to take a spouse or other POA health agent in the exam with you.

On another post a vet wrote that his C&P exam stated he had tatoos from childhood even though he didn't. I believe his claim was for Hep C which would make the issue of childhood tatoos very important to his claim. Even if it wasn't germane to his claim, the fact that the examiner stated things that were not stated by the vet means the process is not very tight. How many times have we read here that an examiner put something in the report incorrectly? A tape recording of the exam would at least help the vet correct factual errors, though it would, of course, do nothing to help a Bozo opinion (no insult to Bozo or Ricky intended).

Thanks,

TS

Edited July 30, 2008 by tssnave

[carlie]

ts,

A VA hearing is a legal proceeding.

What people keep missing here is that VA is paying for the examination to be done.

If we want to tape examinations then we need to go pay for an IMO and ask OUR EXAMINER

if we can tape it.

jmho,

carlie

[danang_1969]

Until there is some precident set and highly advertised that it is a right for a vet to record an exam, this could ruffle the VA doctor's feathers even before the exam gets started. Some C&p examiners have their feathers already half strut ruffle before they ever start to verify your identity. Bringing out a voice recorder at the start of an exam could put the doctor in a full strut like the dominating turkey gobbler in mating season when the young turkey came around.

Edited July 31, 2008 by danang_1969

[ruby]

actually the federal government views it legal to tape without anyones knowledge other then the person taping.

while some states require you to have everyone's permission. Florida is a 2 party state.

Since it is a federal facility and the federal govt views one person taping as legal if I thought it would be to my benefit at a later date I would tape the exam without anyones knowledge.

I would not ever ask if it was OK to tape, that would make anyone nerivous, as they are on the spot to be 100% accurate.

Just my opinion

Ruby