C & P Records Problem

[Kevin J]

I recently had a C&P exam done at the Orlando VAMC and when I go to the ROI office they tell me that they are not allowed to release the C&P medical records because it is still being rated. There is a sign on the wall that says per the St. Petersburg Regional Office that they can not give out the records. Is that allowed since it is a medical record, aren't we supposed to have unlimited access per federal law to our records? Can the regional office get away with this and what should I do to get my complete records? Has anyone else run into this problem and the Orlando office?

Thanks,

[blanco63]

Request the exam results directly from the RO. They have to release them under the freedom of information act.

C & P exam results are not available from the RO but they sure are easily available from the ORLANDO VAMC now not after the rating/decision. I received mine in one week from the LEBANON PA VAMC in july, 2009, and i have not rcd a decision yet. OK, since i am the sarcastic one, let me add, from where do you get all of this incorrect, i mean good, info ? I give a lot of advice but nobody listens to the new, dumb, young guy but i don't care. I know i got three increases in 1 year by using reconsiderations. i never heard of disagree, dro review, dro hearing, bva appeal. i know recon but keep listening to your vso's and appeal appeal appeal and wait 3 to 4 years for nothing,HA HA HA. No wonder most of you don't get anywhere. good luck, the dummy in pa (with the big checks) B) :P

[LarryJ]

C & P exam results are not available from the RO but they sure are easily available from the ORLANDO VAMC now not after the rating/decision. I received mine in one week from the LEBANON PA VAMC in july, 2009, and i have not rcd a decision yet. OK, since i am the sarcastic one, let me add, from where do you get all of this incorrect, i mean good, info ? I give a lot of advice but nobody listens to the new, dumb, young guy but i don't care. I know i got three increases in 1 year by using reconsiderations. i never heard of disagree, dro review, dro hearing, bva appeal. i know recon but keep listening to your vso's and appeal appeal appeal and wait 3 to 4 years for nothing,HA HA HA. No wonder most of you don't get anywhere. good luck, the dummy in pa (with the big checks) B) :P

.....and the attitude.

[timetowinarace]

I wouldn't think a C&P exam could be kept from a claimant based on it being an adminstrative document. It should be considered 'medical evidence' and I can't see how evidence can be withheld from a claiment while a decision is being made based on that evidence.

I too am very interested to find out what legal grounds the VA could use to deny veterans access to evidence used in deciding a claim. Especially when it could be considered as evidence against or contrary to the claim and treating physician.

To me, that seems to be in the same context as if they were to deny a claiment to veiw the rating criteria untill a decision is made.

It's quite impossible to provide proof of the claim if you do not know the information necissary to do so. The claims proccess should not be an algabra equation, X+Y=40%.

[JamesBreckenridge]

Yeah. Hell, I'm "the enemy" here and I know better than to act like that. :P

To address the question about release of info (specifically, PTSD C&P exam results), I don't know of any reason why the veteran would not be entitled to a copy of it at any time. That said, something is tickling my brain about "special handling" of PTSD evidence. I'll ask around, but my gut tells me that there's no reason you can't have a copy regardless of whether the claim has been rated or not. I'll try to find out.

As for the Regional Office not having a copy of it... that sounds like bunk to me. ALL of your VAMC records are stored electronically. Most notably, this includes C&P exams (usually they're in the computer within a day or two) and everyday clinical notes. The regional office may not have a yellow hardcopy of your C&P exam, but to go into the computer system and reprint it is trivially easy.

There may be some administrative policies in place for privacy and other reasons that complicate things. Like I said, I'll check around and see if there's some Official Guidance on this issue.

.....and the attitude.

[timetowinarace]

C & P exam results are not available from the RO but they sure are easily available from the ORLANDO VAMC now not after the rating/decision. I received mine in one week from the LEBANON PA VAMC in july, 2009, and i have not rcd a decision yet. OK, since i am the sarcastic one, let me add, from where do you get all of this incorrect, i mean good, info ? I give a lot of advice but nobody listens to the new, dumb, young guy but i don't care. I know i got three increases in 1 year by using reconsiderations. i never heard of disagree, dro review, dro hearing, bva appeal. i know recon but keep listening to your vso's and appeal appeal appeal and wait 3 to 4 years for nothing,HA HA HA. No wonder most of you don't get anywhere. good luck, the dummy in pa (with the big checks) B) :P

You got my curiosity going. I've been here for several years and don't think I've seen anyone find Hadit that wasn't looking for claims advice. I am assuming from your post that you know way more than anyone else and didn't come here looking for advice. But, I'm confused about that too. Three increases in a year, yet to hear you tell it I'd have thought you would have gotten it right the first time. And did I read that right, you still have an open claim? That just seems odd for a person with your insight into the VA system.

[Berta]

I brought up to the H VAC some time ago that we should have a copy of the C & P attached to the SOCs.

Better yet is to get copy of the C & P exam results as soon as it is completed.It can give you a legup as top what to expect in the decision.

Many vets don't even know they have rights to the C & P exams. It sure is news to me if they can hold back results of a PTSD C & P-and what for?

Having had C & P exams manipulated and parsed in SSOC I used to get-I feel if the VA is going to start giving us the Due Process that the CAVC has pointed out in the recent Cushman V Shenseki decision-as our right as property interest per the 5th amendent ----

then we certainly have the right to Discovery (what Civil courts have)

meaning we should be given the same evidence the VA is using for our claims decisions.

I used Cushman already as citation on evidence list for letter I sent to Regional Counsel up here in NY-

The RC lawyer already misunderstood the regs I sent as well as older BVA decision regarding an offset FTCA release-when I called him- so a letter with legal evidence is always better than trying to get anywhere by phone.

C & P exam results are the controlling factor in VA decisions. The rater must back up any award they make with medical evidence- to include the C & P exam.

As well as support any reason for denials with a C & P exam.

What gets me is that they can ignore-like in my case- 3 IMOs for years -yet they never seem to lose the C & P exam results.

I again suggest to knock down poor C & P exams line by line citing the exact evidence in your clinical record that creates strong rebuttal to the C & P.

and better yet get an IMO from real doctor-particularily if the C & P examiner is not qualified to render their opinion.

When the BVA wanted a cardio to give me an opinion-I got a VA PA instead. It was very easy to knock down his opinion.

I reminded VA of my lay expertise in cardiology which helped me prove they misdiagnosed my husband-expertise the PA didn't have at all.

A real VA cardiologist ,in my opinion ,would have had no choice but to support the clinical record.

Then again I won for AO death due to complications of diabetes-the diagnosis of which never appeared at all in the med recs.For a VA doc to agree with the claim they would have had to expand on the prior malpractice that the VACO agreed on.

ANyone have more info on any reg that says PTSD or mental disability C & Ps cannot be released?