C&p Eval

[hp1030]

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. 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

[Tbird]

well I read it wrong, it says no legal right

Here's the link to the m-21 Section http://www.warms.vba.va.gov/admin21/m21_1/...3/ch03_seca.doc

[Hoppy]

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..

[Wings]

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 May 21, 2006 by Wings

[Hoppy]

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.

[john999]

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.

[vaf]

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?