C&p

[sbrewer]

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

[john999]

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

[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.

[sbrewer]

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

[foreveryoung]

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.

[carlie]

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.

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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.

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(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))

[sbrewer]

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