6 Month Wait For Copy Of C&p Exams

[deanbrt]

Has anyone else had this happen? I was granted award for secondary by BVA in early April, As a result I had to go through 2 more C&Ps for my already service connected and secondary last Wed for the new rating. I had to be back at the VAMC Friday and went to the FOIA desk to ask for copies of both C&Ps. I was told I had to wait 6 months to get copies. I stopped at one of the VCO offices and they said they can;t even see them, now. They said a couple of vets got copies and accosted the doctors over them and my state will not release them to anyone now before 6 months. Is this going on everywhere?

[carlie]

I found this...

"About 2 to 3 weeks after the exam, you may then write to the VARO and ask for a copy of the examination results.

You have a right to see that C & P exam."

Well sure this applies, heck you can submit the request thru mail, fax or in person

to the VARO and I would submit a signed ROI to CMA . . . .

but - technically speaking a copy of the C&P examination does not have to be released

to the claimant or their representative from either the VAMC or the VARO, until after the decision

has been made.

The VARO paid for it and it does not relate to medical care/treatment, it is a pre-decisional

document owned by the VARO.

[deanbrt]

the quote came from Jim Strickland's web site....

[carlie]

the quote came from Jim Strickland's web site....

"About 2 to 3 weeks after the exam, you may then write to the VARO and ask for a copy of the examination results.

You have a right to see that C & P exam."

Dean,

You feel that the quote you posted means . . . what?

It's something you quoted from Jim - and because you quoted it from

Jim means what - that this is law, rule or reg carved in VBA stone, as posted by you.

First off, I feel pretty confident that what you posted is just a little piece of something you picked out

from Jim's information,that goes into more, than what you brought.

If you take another look-see at my post made in reply to what you quoted -

I clearly agreed that the quote you posted applies -

next I continued on past the quote with further steps that could be taken to

try to ensure the VARO releases a copy of the C&P examination as requested.

It's just an additional little push in trying to get a copy of the C&P exam -

prior to a decision being made.

Irrelevant of any partial quote that you posted and

irrelevant of who stated the part you pulled out and quoted -

at this point of the claims process, NO the VARO does not yet have to provide

a copy of said C&P examination to the claimant.

At this point the VARO owns the C&P examination - they scheduled the examination,

they bore the cost of having the examination done.

The VARO did this because the laws state they have a duty to assist and they also have

to provide due process.

Keep in mind that at this point a decision has yet to be adjudicated.

At this point the C&P examination is evidence the VARO is instructed to use

in making their decision.

At this point the C&P examination holds no value to the claimant, the claimant can not

have any disagreement with the C&P at this point - because no decision has been rendered

that factors in this C&P examination as evidence

Now the decision maker is to factor in the totality of the evidence, make their decision

complete adjudication of the claim and provide notification to the claimant.

The point has finally been reached now that if the claimant submits a request under

FOIA for a copy of the C&P examination the VA has to provide it.

The C&P examination is now a part of the claims folder as it has been factored in and

listed in the decision as evidence.

At this point, providing the claimant with a copy of the C&P exam falls under due process.

The claimant is now due copies of evidence factored into the decision.

This is to be afforded so the claimant may prepare their disagreement / appeal whatever is the decision,

that they do not agree with, or even just to provide the claimant with a copy of a record that

is now legally, a part of their claims file.

It could be to support argument that the C&P examination was inadequate in some way for rating purposes.

It could be to support that the C&P examination was supposed to be done by a specialist, perhaps an audiologist,

yet the exam was done by a nurse.

Whatever - anything, C&P examiner stated a ROM and the decision maker transposed the measurements

which met the criteria of an evaluation, lower than what the C&P evidence supports.

Many, many VARO's and VAMC's do go ahead and release copies earlier than this -

but NO - they do not have to.

This is my understanding of how and when a request for a copy of a C&P examination must be provided.

I have no idea if Jim would be in agreement with this but, I have the feeling he would.

Below is a copy of my earlier reply to your quoted post.

"Well sure this applies, heck you can submit the request thru mail, fax or in person

to the VARO and I would submit a signed ROI to CMA . . . .

but - technically speaking a copy of the C&P examination does not have to be released

to the claimant or their representative from either the VAMC or the VARO, until after the decision

has been made.

The VARO paid for it and it does not relate to medical care/treatment, it is a pre-decisional

document owned by the VARO."

[deanbrt]

"but - technically speaking a copy of the C&P examination does not have to be released

to the claimant or their representative from either the VAMC or the VARO, until after the decision

has been made.

The VARO paid for it and it does not relate to medical care/treatment, it is a pre-decisional

document owned by the VARO."

Carlie,. Below is a documented VA reg you can find online. Jim is just referencing it. Post the documentation that illustrates your point, please.

About 2 to 3 weks after the exam, you may then write to the VARO and ask for a copy of the examination results.

You have a right to see that C & P exam.

EXCEPTION...if your C & P was for mental health, you may need your mental health provider to release that to you. The rules protect mental health records...even from the veteran.

[deanbrt]

[carlie]

"but - technically speaking a copy of the C&P examination does not have to be released

to the claimant or their representative from either the VAMC or the VARO, until after the decision

has been made.

The VARO paid for it and it does not relate to medical care/treatment, it is a pre-decisional

document owned by the VARO."

Carlie,. Below is a documented VA reg you can find online. Jim is just referencing it. Post the documentation that illustrates your point, please.

About 2 to 3 weks after the exam, you may then write to the VARO and ask for a copy of the examination results.

You have a right to see that C & P exam.

EXCEPTION...if your C & P was for mental health, you may need your mental health provider to release that to you. The rules protect mental health records...even from the veteran.

dean,

I already referred in my post to the laws/regs sections that relate to this issue,

duty to assist and due process - those are whats applicable.

The additional partial quote from Jim that you've added to your original quote,

does nothing further to support that a varo MUST release a copy of any C&P examination,

prior to a decision being rendered.

Tell you what, I've done my due diligence on the issue, posted the facts and am confident

in standing behind what I've posted.

I've already dedicated way too much time and energy on this one.

I remain in disagreement with your contention that the va or vamc, MUST PROVIDE THE CLAIMANT

with a copy of the C&P examination, prior to a decision being rendered.

Some varos and vamc's might release the C&P exam copy - some will adhere strictly to

policy and not release it until after a decision has been rendered.

Absolutely nothing in the partial quotes you have posted, show support that the copy must be released

prior to a decision being adjudicated.

Be assured I am quite familiar with Jim - he's solid and know's what he speaks of.

If you should locate ,any law/reg or instruction that supports contention to show that the varo or vamc

MUST PROVIDE THE CLAIMANT with a copy of the C&P examination, prior to a decision being

rendered, I will be most thrilled to read it over.

It would be advantageous to the claimant, nice if it worked that way, but it does not work that way.