ptsd Just Getting Cp Exams That Were Remanded In Jan

[mrsvet28]

Went to the comp. building here in PA last week in search of when the CP exams were being scheduled/ MrVet says to the first guy , can you help a Vet and please explain this for us(we brought the Remand letter with us) , he says" sorry going to lunch"- come back in 2 hours- so, I dial the phone in the foyer to get anyones extension that were in the other offices in the back-"who do you want to see?" anyone who can explain to us what the holdup is on this Remand (we had just gone to the CP office and she told us they do exams on a daily basis there, but when we called the 800 # they told us they werent scheduling any till late August thats only when they do them here,b''''''''t)so went to see for ourselves,,,anywhoo, a guy from the DAV comes out-

so we brought him, the Remand letter, the SSOC letter that stated "you have been diagnosed with PTSD" then the other SSOC "stating your stressors have been verified"and the SS disability documents and the IMOs diagnosing PTSD, he kept insisting he couldnt help us without POA, so we insisted back-and got him to read the statements-and he shakes his head and with all documents verified-he sees the mix up and says wow you need a lawyer to straighten out this mess!!! so I see him write the file # down on a pieceof paper-before we left/ and somehow 4 days later we get a letter for the CP exams for Aug 19- so our lawyers want to go with MrVet to be present-for the PTSD exam-has anyone done this and will they let them be there-cuz last time I went the examiner had me detained from it by security-if you have read this saga before, Thanks MrsVet

[john999]

I have never heard of lawyers attending a C&P exam. I would be shocked if the doctor would go along with that.

[Chuck75]

As I understand it-- A C&P is an administrative action from a legal standpoint, not a medical one.

Somewhere in law (that the VA likes to vigorously contest and ignore) is a provision that you are entitled to have counsel present during an administrative hearing or procedure before a government agency.

There is a one time only VA form that will likely be needed that declares the lawyer as your personal representative??, much like next of kin during a medical procedure. This form allows the lawyer to be present, but not to represent you as a lawyer at that point. I believe that it's best to not mention that the person is in fact, a lawyer, unless a direct question is asked that requires a truthful answer.

The same form would be used if you were accompanied by a relative, and wished to have that relative present.

You also have a right to a transcript of the C&P. although a transcript from the VA will likely not be complete, and leave out "stuff" that might be favorable. Federal law also allows you to record without the knowledge of both parties. I'm told that VA regs and practice generally restrict this, and it may be against local law. This brings up another issue concerning the applicability of local law on federal property.

Another major consideration is that you really don't want to irritate the C&P examiner if you can possibly avoid it. The examiner can really help (or hurt) your chances of obtaining a favorable outcome.

I always wondered what the VA would do if you requested that one of your non VA doctors be present for/during a C&P exam, or the accompanying person was a doctor, in the specialty concerning the major issue in your claim.

Went to the comp. building here in PA last week in search of when the CP exams were being scheduled/ MrVet says to the first guy , can you help a Vet and please explain this for us(we brought the Remand letter with us) , he says" sorry going to lunch"- come back in 2 hours- so, I dial the phone in the foyer to get anyones extension that were in the other offices in the back-"who do you want to see?" anyone who can explain to us what the holdup is on this Remand (we had just gone to the CP office and she told us they do exams on a daily basis there, but when we called the 800 # they told us they werent scheduling any till late August thats only when they do them here,b''''''''t)so went to see for ourselves,,,anywhoo, a guy from the DAV comes out-

so we brought him, the Remand letter, the SSOC letter that stated "you have been diagnosed with PTSD" then the other SSOC "stating your stressors have been verified"and the SS disability documents and the IMOs diagnosing PTSD, he kept insisting he couldnt help us without POA, so we insisted back-and got him to read the statements-and he shakes his head and with all documents verified-he sees the mix up and says wow you need a lawyer to straighten out this mess!!! so I see him write the file # down on a pieceof paper-before we left/ and somehow 4 days later we get a letter for the CP exams for Aug 19- so our lawyers want to go with MrVet to be present-for the PTSD exam-has anyone done this and will they let them be there-cuz last time I went the examiner had me detained from it by security-if you have read this saga before, Thanks MrsVet

[sharon]

Give your lawyer Medical Power of Attorney. The form is located at the medical center.