Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

C&p Eval


hp1030

Question

Fellow veterans:

Hi to all. I had a C&P Psych eval recently and the Doctor was extremelly interested in regards to my alcohol use and my preference for "dark" women.(??????) She asked me less than 5 questions...one was, and this is no joke... to spell Bob backwards, another to count backwards from 100. :mellow: She had no knowledge of the computer program she was using, so the computer guy came in the office at least five times

interupting the interview.

I explained to her some strange thoughts I had after taking some meds..and she replied,,,"If you are going to kill yourself you bettter have a good plan, I've heard a lot of bad plans lately from Veterans. I can give you at least 10 good ways to do it right now...!" With this she finioshed the "interview" and asked me out.

Should I write about this on my NOD? It this base for an innapropiate evaluation for rating purposes ? Should I keep quiet...? What do you think, any info will be greatly appreciated.

HP

Link to comment
Share on other sites

  • Answers 24
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

  • HadIt.com Elder
Fellow veterans:

Hi to all. I had a C&P Psych eval recently and the Doctor was extremelly interested in regards to my alcohol use and my preference for "dark" women.(??????) She asked me less than 5 questions...one was, and this is no joke... to spell Bob backwards, another to count backwards from 100. :mellow: She had no knowledge of the computer program she was using, so the computer guy came in the office at least five times

interupting the interview.

I explained to her some strange thoughts I had after taking some meds..and she replied,,,"If you are going to kill yourself you bettter have a good plan, I've heard a lot of bad plans lately from Veterans. I can give you at least 10 good ways to do it right now...!" With this she finioshed the "interview" and asked me out.

Should I write about this on my NOD? It this base for an innapropiate evaluation for rating purposes ? Should I keep quiet...? What do you think, any info will be greatly appreciated.

HP

Sounds extrememly unprofessional! Too bad we're not allowed tape recorders!

Was this your first C&P for mental problems? Was this VA staff?

Make sure you write down as much as you can remember in a letter format. I would take my written testimony, get it "notarized" and forward a copy to my service officer (if you have one), and one to the director of the VA medical center where your C&P was conducted. I would take this action PRIOR TO getting a copy of the C&P results!! Keep us posted. ~Wings

Link to comment
Share on other sites

  • HadIt.com Elder

I agree with Terry: strike while the iron is hot! AMBUSH!

Including the the American Medical Association (AMA) was great Terry!

Really SICKO Examiner I would say!! ~Wings

Link to comment
Share on other sites

  • HadIt.com Elder

hp1030,

Do you have a treating psychologist or psychiatrist. The psychiatrist and psychologist should work as a team when in treatment. If not schedule and try to get into a treatment program. If this was a VA employee discuss the matter with the the head of the department and ask to enter treatment if you are not already in treatment. It might take a referal from a primary doctor or a psychological emergency program. If your VA hospital has a psych emergency program, go to it and get counseling and ongoing treatment. Take up any issue discussed by the C&P examiner with a treating psychologiost or psychiatrist. Opinions written by a treating physician can have equal or even better weight than an evaluating physician. Obtain all favorable treatment notes or reports written by the treating physician and turn them into the RO. Get a servicer officer to help you. Keep posting to hadit.

My guess is that this was not a VA employee. Probably a contractor. You sound rather passive compared to the way I would have reacted. Passisivity could be a reason to get treatment. I am not a counselor. And I am not making a diagnosis. This is just my opinion.

Consider that you could run into treating physicians that are also out of touch. There are some good employees at the VA. If possible change physicians or hospitals until you get a treating doctor who you feel comfortable with. I went through some weird times and some good time with VA shrinks. It was not easy. It took some work in my case. I have heard of other PTSD veterans who got through the process with little resistence.

MY thoughts for now,

Link to comment
Share on other sites

Too bad we're not allowed tape recorders!

I read in the M21 that veterans can record their C&P

Link to comment
Share on other sites

  • HadIt.com Elder
I read in the M21 that veterans can record their C&P

I haven't read this regulation for some time, but I'm certain that, by law, you can always ask for permission to tape record an exam or hearing. If permission's denied, then the tape could not be used in evidence. Whenever possible, bring a witness to your exams and hearings. Some examiners will allow the witness into the exam room, some won't. I'll see if I can find the regulation. ~Wings

Link to comment
Share on other sites

Gentleman:

Thnaks for your advice and support.

First, this examiner is a VA Psychiatrist (Dr.Ivonne Peterson Tapia) , I've heard she is one of the "top" "main" evaluator for PTSD at the San Juan VA Hosp. I really feel sorry for the fellow Veterans receiving treatment or been evaluated by this unprofesional person.

Second, my passivenes was due I guess, to the shock of hearing this from a "profesional", I am an ex naval special warfare guy, I am very patient, but not too pasive. Constraint was the word.

No, this was my second interview for mental problems, I explained the situation to my Sevice Officer the day after the interview, that we should ask that this eval not be used because it was not appropiate for rating purposes but she said we should wait, I argued that wether or not it was favorable i did not care, but she insisted that i should wait for a decision. So here we are awaiting an unfavorable decision and wasting time.

I also expalained the situation to the Pshych at the Out Patient Clinic, she is my main Pshyc. If she made a note of it I do not know.

Finally,I will follow you guys advice and will write notarized letters, to the appropiate persons. AMA was a great idea as all ideas and pointers exposed here.

Again, Thanks in advance;

HP

PS: The doctor is rather paranoid, she would not allow a tape recorder near the building...!

Link to comment
Share on other sites

  • HadIt.com Elder

I might have told her my fantasy was to kill myself and take my psychiatrist with me. I know that I too have been shocked by unprofessional C&P exams. Now I am ready to tell them I am getting my lawyer involved if they mention fraud or any such crap. Your C&P exam doctor is a disgrace and you should report her to the AMA, the VA OIG and anyone else you can think of now.

Link to comment
Share on other sites

well I read it wrong, it says no legal right :mellow:

post-768-1148067108_thumb.jpg

Link to comment
Share on other sites

  • HadIt.com Elder

You can ask if you can record the exam. If the doctor says OK then it's OK. If they say NO then you just pout the recorder away. You can take notes. There is no law against that. I used to take notes during my workers compensation exams so I could remember what the bastards said and not forget details.

Link to comment
Share on other sites

As for the witness, I always smile sweetly and explain that I have a tendency to forget things later and that I need someone who'll remember it for me. And often need a driver to get there.

Doctors have always left it up to me whether or not to let them in the room.

Link to comment
Share on other sites

  • HadIt.com Elder

John999

I have had two psychiatrists get up and walk out of an appointment because they were scared. I did not say anything about having a fastasy involving homicide. I will bet if you said anything about homicide they would get up and leave. They are probably taught to do so in school.

Adora

Did you find anything about the reg. on recording. When I went to Private investigator school in 1993 we were taught that federal law allowed a conversation to be recorded WITHOUT the permission of all parties. California law req

Link to comment
Share on other sites

  • HadIt.com Elder

Whoops I hit the enter key.

California law required that all parties be notified. The state laws varied from state to state. Some states required all partiesro be notified some states did not. I went to PI school on 1993 so things could have changed. This would be a good reg to have clarified. I wonder what the courts would do if there were contridictory federal laws. I will try and find the reg. that I was taught in PI school.

Link to comment
Share on other sites

  • HadIt.com Elder

I am not trying to play lawyer here. This is not legal advice. However, I find the terminology used by the VA to be odd. “There is no legal right to record a conversation” is quite different than saying that it is against the law to record a conversation. In some states attorney’s record conversations without the knowledge of their clients. Linda Tripp was prosecuted only under Maryland law. The references I found today still indicate that under federal law, all parties do not have to be aware. However, it is illegal for a person not involved in the conversation to tape the conversations of other people without their being notified.

Is the VA playing word games to make you think that you cannot do something that in fact can be done. One author I read indicated that laws regarding the recording of conversations is best understood reading the case law to see the exact application by the court.

Has anyone walked in to an exam set a recorder right in from of them turned it on and had the examiner refuse to conduct the exam. Upon refusal file a complaint that goes to federal court indicating that the VA chose not to conduct the exam and seek some kind of injunction or ruling forcing the VA to conduct a recorded exam. It could be the terminology “no legal right to record” is used because there is no case law on the matter.

Has anyone recorded a conversation during a C&P and been prosecuted for doing so. Or has their recordings been disallowed in any complaints against a C&P examiner with the AMA or any other concerned agency. Linda Tripps recordings were unlawful under Maryland law. Yet, the Grand Jury heard and used the tapes. Remember Linda Tripp was prosecuted for making the recordings.

Once again this is not legal advise. I am not an attorney. Do not record any conversations without being fully aware of the legal ramifications. I am sure it would delay and confuse the normal processing of your claim to test this position by the VA..

Link to comment
Share on other sites

  • HadIt.com Elder

Federal law prohibits "evesdropping" (ask George) . . . In most states, you must obtain two-party consent for audio/visual recordings. Some states have one-party consent whereby you may record only your portion of the interview. It can get muddy if litigation becomes an issue: federal rules of evidence could lead to a heafty fee for voice authenticating - if the other party denies consent. Medical malpractice attorneys express little enthusiasm for taping! I did search PubMed for "Use of audiotapes for patient education, medical record documentation, and informed consent". Many doctor's and patients are extremely pleased with the use of audio/visual records for quality medical care. ~Wings

P.S., I think the primary issue here is the conduct of the medical examiner in a C&P Exam. I apologize for diverting attention away from this vets concern.

M21-1, Part VI, CH. 1. PHYSICAL EXAMINATIONS, SOCIAL SURVEYS, AND FIELD EXAMINATIONS

1.07 SUFFICIENCY OF VA EXAMINATION

a. Sufficient Examination Reports. Be sure the examination is as full and complete as possible under existing circumstances. It must include a brief medical and industrial history from the date of discharge, or last examination, to the current date. It should also record subjective complaints and a complete description of objective findings, stated in concrete terms. A diagnosis of all described conditions should be included. The examination should provide the clinical findings required by the Rating Schedule for the evaluation of the specific disability such as the range of motion in degrees when a joint is being examined. A VA examination not meeting those requirements is insufficient. A claim should not be denied, nor an evaluation reduced, based upon an insufficient examination.

b. Insufficient Reports. Return reports that are insufficient in any essential aspect to the clinic, or health care facility Director, with a statement setting forth the deficiencies to be remedied. If known, include the diagnostic code for the disability at issue. Avoid using language that can be construed as adversarial when returning reports for clarification. For example, use the term "insufficient for rating purposes" rather than "inadequate examination." Use AMIE to return an insufficient report to the examining facility if it was requested through AMIE. If necessary, the Adjudication Officer or Veterans Service Center Manager will discuss unusual cases with the health care officials to ensure proper understanding of the issue(s) at hand.

(6) The rating activity may request that the claimant be reexamined by another medical examiner if compelling reasons exist. To request a reexamination, prepare another examination request and annotate it to show that reexamination is necessary. Include the name and VA station of the medical examiner who conducted the prior examination.

http://66.102.7.104/search?q=cache:ZxzFlgl...us&ct=clnk&cd=8

Edited by Wings
Link to comment
Share on other sites

  • HadIt.com Elder

Wings,

Glad to see you are posting again. I actually think the top priority is obtaining evidence to advance the claim. In a previous post I dealt strictly with the importance of getting evidence to adjudication. I continued along this line as to the legality of taping becuase the posts continued coming up. I would not even waste my time and energy contacting the AMA or anybody else. One complaint to the hospital is all the more energy I would put into a complaint. I have had numerous opportunities to take issue with C&P exams and the incompetence of the examiners. It is hard enough to focus on getting the evidence to advance the claim.

Additionally, I have found that their is no reason to tape examiners because when questioned later they do not deny the circumstances that the patient finds less than professional. They do not think it is that big of a problem or the do not even think what they are doing is wrong. I could spend the next hour typing up examples of "wierdness" that I have encountered in my numerous claims.

I agree that recordings could be useful for patients who need a reminder of any instructions they need to follow for their treatment, etc. I used to go to appointments with a friend of my who had a brain injury and take notes to help my friend continue at home with his medications.

Link to comment
Share on other sites

  • HadIt.com Elder

Hoppy

Medical evidence is what wins claims as you know by your post. You know the three legs a claim stands on is disability, nexus, and continuing disability. A good IMO can turn a claim around even one that seems hopeless. I had some terrible C&P exams and wasted time asking for new exams when the IMO did the trick and only cost 200 bucks.

Link to comment
Share on other sites

I'm very concerned about examinations that are not designated as C & P exams. My husband does not receive his medical treatment at the VA, however, he does receive several (not all) of his prescriptions there. He is called in periodically for a status check on several rated conditions, however, his claims file is not at the VA here, but is still in Washington due to a pending CVA hearing. The examinations were scheduled and performed anyway.

In everyone's opinion, does the M21-1 reference Wings posted below regarding sufficiency of VA examinations constitute the basis to challenge an adverse examination in the absence of the veteran's claims file?

Link to comment
Share on other sites

  • HadIt.com Elder

Vicki.

When I had pending claims at the RO and my file was at the BVA on an earlier appeal, the RO would not take any action on the unappealed claims that were in the RO. I would think that it might be sufficient just to tell the RO that there is important medical reports in the file and to wait until the file gets back from rhw CVA before they take any action on other claims that are in the RO.

Link to comment
Share on other sites

  • HadIt.com Elder

John999,

You have probably heard me say this before. I won service connection on my angioedema claim without a C&P or an IMO. The VA delayed the claim by refusing to schedsule a C&P for five years. The RO ignored my requestes to schedule a C&P. Eventually, I walked into a clinic at a VA hospital and convinced the head of Immunology and Allergy to write a report for me. The report I got from the VA dodctor was a slam dunk for service connection and it did not cost me anything.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines