Recording An Examination

[carlie]

This has been questioned several times and I always responded we

have no legal right to record a VA examination.

I finally found the reg on it again, so I could post it.

carlie

http://www.warms.vba.va.gov/admin21/m21_1/...3/ch03_seca.doc

Section A. Examination Requests

f. Veteran's Legal Rights

A veteran has no legal right to

· be accompanied by counsel during an examination, or

· record an examination.

Edited August 29, 2009 by carlie

[magician2000]

Carlie... I really have wondered why you would want to. I have only had one C&P exam, it was done poorly, but I made sure that I made copies of all of my VA Progress Notes (Yes I know that the RO should have access to them, but he never requested them for what ever reason.) and they showed a more accurate picture then what the C&P doctor had written in his report. Because of this, and the fact they I did not know anything about FOIA. I didn't find this out till the first decision was made. But as soon as RO had all the correct info, I got a fair rating. I just had a six month delay in getting the rating.

[john999]

The VA does not want any person with legal knowledge of VA procedures to be in the C&P exam room. 99% of exams would be thrown out as inadequate, or biased.

[carlie]

Carlie... I really have wondered why you would want to. I have only had one C&P exam, it was done poorly, but I made sure that I made copies of all of my VA Progress Notes (Yes I know that the RO should have access to them, but he never requested them for what ever reason.) and they showed a more accurate picture then what the C&P doctor had written in his report. Because of this, and the fact they I did not know anything about FOIA. I didn't find this out till the first decision was made. But as soon as RO had all the correct info, I got a fair rating. I just had a six month delay in getting the rating.

magician2000,

1) A claimant would want to record an examination, to be able to provide

proof of what was TRUTHFULLY stated and done at the examination.

2) I consider you to be lucky and fortunate that your RO did get the correct info.

and you feel you got a fair rating.

I feel most here would tend to agree with me that ONLY having a six month delay

in getting a rating would be very welcomed by us.

I am glad you were happy with the claims process and the results you received.

jmho,

carlie

[mrsvet28]

magician2000,

1) A claimant would want to record an examination, to be able to provide

proof of what was TRUTHFULLY stated and done at the examination.

2) I consider you to be lucky and fortunate that your RO did get the correct info.

and you feel you got a fair rating.

I feel most here would tend to agree with me that ONLY having a six month delay

in getting a rating would be very welcomed by us.

I am glad you were happy with the claims process and the results you received.

jmho,

carlie

If you remember when I wanted to with MRvet.....off she sent me with the VA police :D

[Chuck75]

A C&P examination is an administrative event, not a medical event, since it has little or no relationship to actual medical treatment. There is a right to have counsel present when any party appears before any sort of government administrative hearing or process that the party is required to attend.

As I remember, the VA is not exempted, even though it likes to say so.

A mere statement in a VA reg or practice letter does not change long standing law. Unfortunately, there are several ways the VA can attempt to weasel out.

Refuse to conduct the C&P, provide an opinion without an exam, etc.

This has been questioned several times and I always responded we

have no legal right to record a VA examination.

I finally found the reg on it again, so I could post it.

carlie

http://www.warms.vba.va.gov/admin21/m21_1/...3/ch03_seca.doc

Section A. Examination Requests

f. Veteran's Legal Rights

A veteran has no legal right to

· be accompanied by counsel during an examination, or

· record an examination.

[timetowinarace]

As far as I know, Federal law still allows the recording of conversations as long as one party to the conversation knows about it. VA regulations are not above the law. If I was of a mind to record an exam, I would not inform or ask to do so.

I have done this several times. Not with the VA. Once at request of an attorney during a medical exam on my wife for a civil case(auto wreck), simular to a C&P but with the insurance co. paid Doc. And I carried a small micro recorder when I was having difficulties at work, recording my superviser telling me I must work with materials that made me sick with no protection even though I had a note from their doctor that I was not to do it, or go home with no job. I won a judgement from OSHA due, in part, to the tape.

What the benifits would be in the VA setting, I'm not sure.