C&p Available Records?

[JimBinOK]

In researching VA proceedures for C&P Examinations, I have seen several places that the C&P Doctors are "required by law" to have in their posession and have reviewed the "C file" records prior to doing the examination, so they will have knowledge of the whole picture.

Can anyone tell me where I can find the specific law information to cite a possible violation by the RO?

[Berta]

That is a good question-I have never seen this as an actual law for the doctors-however

within 38 CFR Book B is:

§3.303 Principles relating to service connection.

(a) General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran’s service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

This is the key partin that regulation:

"Each disabling condition shown by a veteran’s service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence"

This decision might help:

http://www.va.gov/vetapp94/files2/9413266.txt

It contains this BVA statement:

"During a VA examination in

September 1991, the examiner indicated that it was his opinion that

the subarachnoid hemorrhage was unrelated to the service-connected

hypertension. VA Form 70-7216a shows that "C" file temporarily

transfered to the VA medical center at time of request for VA

examination in August 1991. However, the record is unclear as to

whether the examiner had access to the appellant's claims folder

prior to rendering an opinion in this case. The Board is of the

opinion that the clinical records pertaining to the treatment for the

appellant's hypertension would be beneficial in making a

determination in this case."

This case was remanded due to question as to whether the examiner had all of the records-

It seems to me that in many cases the c file does not have to be present during the C & P.

However, if the C & P examiner's report overlooks pertinent parts of the c file the vet should certainly question that in the NOD if they denied the claim.

I think vets should feel free to definitely bring pertinent med records to a C & P if they feel these records would definitely help render a proper C & P exam. Why sit there wondering if the doctor is actually getting the point of your claim and what the focus of the C & P is on. It certainly pays to provide them with bonafide medical records that help your position- because even with the c file present- I dont see how they would possibly be able to go through it all anyhow.

Whether the C & P doc has the c file records or not- chances are they won't take the time to read them-

If key medical points are not brought up by the veteran, and are important to the claim, the vet should have these records to show the doc-the only other alternative would be, if the decision is not what they want based on the C & P-the veteran can mention this in their NOD- and then attach or refer to pertinent records that the doctor missed.

I helped a vet last year who brought his SMRs and many of his VA med recs to every C & P he had.By this time- last year-He knew the records in and out ,had them all tabbed,and after spending many frustrating years with his claim, he finally got an award.

Edited May 5, 2006 by Berta

[john999]

Berta

If you get a rotten, biased, and incomplete C&P is their a faster way to get reexamined than going to the BVA? Now we are looking at threes maybe to get another remand, new C&P, and decision. I been there!

[Alex]

John --

There is a way to correct a defective C&P examination. All you have to do is to point it out line and verse to the RO in your NOD. substntive appeal, or stand-alone letter; and, if that doesn't work, to the DRO. In some RO's,, service reps have the power to schedule exams by themselves.

Alex

[Hoppy]

Things might go faster by circumventing the C&P process. I went to the head of the department and explained the problem. I talked real quick and to the point. He decided to get involved. He told me to come back after the next clinic and he would review the records. In my case I was denied because they said I was not treated inservice for the disease. They used different terms for the same disease post service and inservice. He read the SMR and wrote a note as to his opinion in my VA medical record. I was service connected based on his report. I did not have a C&P exam. It won't hurt to give it a try. The doctor also told me that he scheduled appointments when asked to by service orginizations. I am sure not all hospitals will work the same

[Guest jstacy]

The C@P's are now computerized with a cookbook for the Doc to Follow. There is a place on the form in the computer that lists records reviewed. It breaks them down by service record, Va Record and other evidence.The Docs must say they reviewed them before they can approve an Exam. Usually another Doc has to also approve the Exam. If you need one I can attach an electronic copy of a recent one I had.

[Hoppy]

Istacy,

Maybe t-bird could make this form available on the site. I took a standard nexus form letter from 2000 but I then told the doctor to make a reference to the reports he reviewed. He would not have done it if I did not tell him to. Take this new form with you to the hospital and get it filled out. I tell you, I circumvented the C%P process. I wished I would have figured it out earlier. The RO refused to schedule a C&P for five years. I went to one hospital who refused to help. Then when I moved I went to another hospital and they told me they had no problem helping me anyway they could with an issues of service connection. The guy in customer affairs told me they wrote these types of reports when asked by a veteran for the ten years he worked there. They could not believe that another hospital refused to write a note for me. I was refered to the clinic by customer affairs and when I got to the clinic the head of the department was very willing to write a note in my VA record. I sent his note to the RO and was service connected.