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

C&p


sbrewer

Question

Can you get a copy of a Mental C&P exam? If so, how do you get it? My husband went and signed release for other records and his C&P was not there.

Thanks,

sbrewer

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

9 answers to this question

Recommended Posts

  • HadIt.com Elder

Yes, you can get a copy of a mental C&P. You may have to sign some release specifically for it, however.

Link to comment
Share on other sites

Guest jstacy

How much time has passed since the C@P exam? It is possible that the Doctor has not finished the necessary computerized information or someone else needs to sign off on it. It can take over 30 days to get the official copy. A signed copy is what you need. If it has been longer than 60 days, Go to the records department and fill out the form and tell them you would like a copy of the C@P exam. They cannot deny it.

Link to comment
Share on other sites

He just had the C&P on 6/7, but has already been approved for an increase. He went to ROI to get copies of it along with other records, and they did not have the C&P. We do not know what is going on with that. Maybe he can go back next week and see if he can get it then.

Thanks,

sbrewer

Link to comment
Share on other sites

I've had 4 C&P's in the last 3 years and my Exam info was sent to me within 10 days after the Exam. As soon as the Exam is complete the Doctor dictates his findings into the VA phone data system. It is than typed into the record. I have had Doctor's dictate while I was in the office to ensure they did not miss anything I had explained to them.

Link to comment
Share on other sites

I know that C&P was really recent but could this be playing into not getting your mental health C&P copy ?

Just food for thought.

carlie

§ 1.522 Determination of the question as to whether disclosure will be prejudicial to the mental or physical health of claimant.

top

Determination of the question when disclosure of information from the files, records, and reports will be prejudicial to the mental or physical health of the claimant, beneficiary, or other person in whose behalf information is sought, will be made by the Chief Medical Director; Chief of Staff of a hospital; or the Director of an outpatient clinic.

§ 1.577 Access to records.

top

(a) Except as otherwise provided by law or regulation any individual upon request may gain access to his or her record or to any information pertaining to him or her which is contained in any system of records maintained by the Department of Veterans Affairs. The individual will be permitted, and upon his or her request, a person of his or her own choosing permitted to accompany him or her, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him or her. The Department of Veterans Affairs will require, however, a written statement from the individual authorizing discussion of that individual's record in the accompanying person's presence.

(B) Any individual will be notified, upon request, if any Department of Veterans Affairs system of records named contains a record pertaining to him or her. Such request must be in writing, over the signature of the requester. The request must contain a reasonable description of the Department of Veterans Affairs system or systems of records involved, as described at least annually by notice published in the Federal Register describing the existence and character of the Department of Veterans Affairs system or systems of records pursuant to §1.578(d). The request should be made to the office concerned (having jurisdiction over the system or systems of records involved) or, if not known, to the Director or Department of Veterans Affairs Officer in the nearest Department of Veterans Affairs regional office, or to the Department of Veterans Affairs Central Office, 810 Vermont Avenue, NW., Washington, DC 20420. Personal contact should normally be made during the regular duty hours of the office concerned, which are 8:00 a.m. to 4:30 p.m., Monday through Friday for Department of Veterans Affairs Central Office and most field facilities. Identification of the individual requesting the information will be required and will consist of the requester's name, signature, address, and claim, insurance or other identifying file number, if any, as a minimum. Additional identifying data or documents may be required in specified categories as determined by operating requirements and established and publicized by the promulgation of Department of Veterans Affairs regulations. (5 U.S.C. 552a(f)(1))

© The department or staff office having jurisdiction over the records involved will establish appropriate disclosure procedures and will notify the individual requesting disclosure of his or her record or information pertaining to him or her of the time, place and conditions under which the Department of Veterans Affairs will comply to the extent permitted by law and Department of Veterans Affairs regulation. (5 U.S.C. 552a(f)(2))

(d) Access to sensitive material in records, including medical and psychological records, is subject to the following special procedures. When an individual requests access to his or her records, the Department of Veterans Affairs official responsible for administering those records will review them and identify the presence of any sensitive records. Sensitive records are those that contain information which may have a serious adverse effect on the individual's mental or physical health if they are disclosed to him or her. If, on review of the records, the Department of Veterans Affairs official concludes that there are sensitive records involved, the official will refer the records to a Department of Veterans Affairs physician, other than a rating board physician, for further review. If the physician who reviews the records believes that disclosure of the information directly to the individual could have an adverse effect on the physical or mental health of the individual, the responsible Department of Veterans Affairs official will then advise the requesting individual: (1) That the Department of Veterans Affairs will disclose the sensitive records to a physician or other professional person selected by the requesting individual for such redisclosure as the professional person may believe is indicated, and (2) in indicated cases, that the Department of Veterans Affairs will arrange for the individual to report to a Department of Veterans Affairs facility for a discussion of his or her records with a designated Department of Veterans Affairs physician and for an explanation of what is included in the records. Following such discussion, the records should be disclosed to the individual; however, in those extraordinary cases where a careful and conscientious explanation of the information considered harmful in the record has been made by a Department of Veterans Affairs physician and where it is still the physician's professional medical opinion that physical access to the information could be physically or mentally harmful to the patient, physical access may be denied. Such a denial situation should be an unusual, very infrequent occurrence. When denial of a request for direct physical access is made, the responsible Department of Veterans Affairs official will: (1) Promptly advise the individual making the request of the denial; (2) state the reasons for the denial of the request (e.g., 5 U.S.C. 552a(f)(3), 38 U.S.C. 5701(B)(1)); and (3) advise the requester that the denial may be appealed to the General Counsel and of the procedure for such an appeal.(Authority: 5 U.S.C. 552a(f)(3))

Link to comment
Share on other sites

Thanks everyone,

Usually he will a couple of days after seeing a dr. for any reason and go to ROI and get copies of that visit. He started doing this just in case "something disappears out of records". Anyway, he went and got other records but C&P was not included, so he didn't know if it was not there or what. This was after he received his letter from the VA about his increase. He was increase from 10 to 50 and should have done this 25 yrs ago, but for what ever reason and I don't know why, he just did'nt.

He has talked to his SO, and he also had not seen the C&P or anything yet. I guess when he sees it, he will notify us back? Would the SO suggest whether or not to appeal for increase? I know some of his diagnosis falls under the 70% criteria, but some also was under 50%, however the letter from VA did state that from the C&P, the "overall disability was severe". It also said...social adaptability-severely impaired, occupational capacity-considerably impaired(he does work full time at the VA) due to memory and concentration problems, and his GAF was 53. At his last mental health app., 2 weeks ago, GAF was 50.

Sbrewer

Link to comment
Share on other sites

"It also said...social adaptability-severely impaired, occupational capacity-considerably impaired(he does work full time at the VA)"

All this time I didnt realise your husband worked for the VA-

I think -with that in mind- they will definitely try to keep him at the new rating.

Even with the statements they made-as to his severe impairment-

The local VAMC employs disabled vets and I believe the most they are getting as comp is 40-50 %.

Their rationale is that they feel the VA provides substantial employment and actually the wages at VA are pretty good.I think in this local area of NY, the VAMC is one of the highest salary employers.

Just my opinion -

Edited by Berta
Link to comment
Share on other sites

Thanks Berta for your response,

You have really lost me now. His working at the VA will detemine his rating for sc condition? He's been there almost 2 yrs., which is about the length of time he stays employed somewhere. However, with this being said, he also has a very stressful job which I don't know if that matters or not. I think from what I've read, to be 100% just for mental, one would not be able to be employed, however, one can be employed and be 100% for other conditions right? He has CAD, diabetes, neurapathy, and hypertension which Mental Health drs. say are related to depression but I don't know if the RO's relate this of not. He still has not got a copy of his C&P yet, but the information that I did get was from the letter the 'VA sent. I guess we'll know more when we get the C&P.

sbrewer

Link to comment
Share on other sites

sbrewer- I am glad you responded quickly-

because I realised that the local VA did employ a 100% SC vet with PTSD-I think he drove the food service truck- and then I remembered another employed vet there whose disabilties were very severe-

his arms were completely locked into an odd position- he could not drive, and had to walk through narrow doors carefully.

His nickname was "Tree".

He had a job in VA Food services but I dont know what he did- he told me he could carry some of the food service trays but he said he also could drop them sometimes.

My point was the "substantial gainful employment" part of the 100% regs-

plus the fact that VA dropped my husband when he started working at VA from 30% to 10% due to "substantial employment" We fought that and got back the 30%.

The VA union VP told us at that time this was normal SOP for VA to challenge comp when a vet got fed employment. He saw it done many times- this was years ago -maybe that has changed-

But the VA still considers if a vet has substantial employment when they rate because :

the Rating schedule is based on the "average impairment in earning capacity."

VBM 2005 Edition, page 278 and

38 CFR 4.1.

Was Max Clellan, former VA sec, eligible for 100% plus SMC- most surely he was-

or Lewis Puller, son of Chesty, with catastropihic PTSD and loss of limbs- (former VA lawyer at VACO)

-of course he was-

however-these men did have "substantial and gainful employment" at the VA-

Do they deserve comp? of course they do- but I dont know if they even ever applied for it.

You raised a good issue-

In spite of having what is a good job- your husband has the stress of the job- and also SC disabilties-

I am sure not saying he should not ask for more comp- just that this is the VA rationale they could deny on.

It doesn't make sense when you think about it-

If a vet is SC why even consider how employable they are-

and just rate the disability on its severity- but the fine print of the regs account for the affect to ones employability as the major factor in ratings.

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