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?

[deanbrt]

I think you wrote this in 2009.

blackbird, on Oct 10 2009, 10:23 PM, said:

Question: My exam results were forwarded back to the AMC after completed. When I called to inquire about a copy I was told that if they had to pull the file to get a copy of the exam, it would delay my claim. Is this true? I thought I could get one after a couple weeks from the outpatient clinic where the exam took place, but was told it was no longer there.

Any ideas???

Blackbird

BB,

If the C&P was done at you VAMC - you should be able to go to

Release of Information at the VAMC and get a copy - they don't have to

pull the file or even have possession of the file as it would be in

their computer system in electronic records.

carlie

Really, it is self evident that you have a right to a copy of your C&P. I asked you for some documentation

"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."

That doesn't cut it for me.

usually the VA ROI will release all "physical" C&P exams what they will not release usually is mental health C&Ps sometimes they are afraid the veteran will get upset so they mail them to them I have always requested the C&Ps from the ROI even the mental health ones and they mailed them to me within about 2 weeks even the ones that needed to be authorized to be released by the VARO that has been MY experience some VAROs handle things differently now that is one question I can't answer why don't they all the the same procedures it seems like they would but they don't.

I can go down the line of repeated statements like the above. To say the Va has no responsibility to release a copy of a C&P exam to the veteran makes no sense.

"I posted the facts and am confident

in standing behind what I've posted."

I made a reasonable request that you offer documentation that supports your assertions, which is what I have done.

Veterans need to know they have a right to a copy of their C&P exams and the VA has a duty to provide them.

[deanbrt]

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

I must have missed it. What are they?

[deanbrt]

• Obtain copies of Evaluation Exams
  
  You will eventually have appointments with doctors who evaluate your condition(s). These doctors will write up their findings and submit them to the adjudicator.
  After a couple of months have passed since the exams, you can request a copy of these evaluations (See Freedom of Information Act above). It probably takes about that long for the information to end up in your file. Getting a copy of these evaluations will allow you to see what the doctor(s) findings were.
  • If you have a representative handling your claim(s),
    
    
    • You can still request these copies from the VA. Once you receive them, study their contents to see if there are any discrepancies. If you find some, write a letter pointing out these discrepancies. Provide any documentation that you have that supports your findings. Then submit a COPY of the C&P Report(s) and your letter to your representative.
      

    [*]If you are handling your claim direct, make a note of your findings.

    [*]If you end up filing a Notice of Disagreement (NOD), this information could then come in handy for disputing decisions made by the VA. You can then include them in your report that refutes the decisions (SEE STEP 8).

[ketchup56]

"THERE AREN'T ANY REGULATIONS STATING THIS". Seems to me that the duty to assist and due process would work toward the benefit of the veteran when it comes to this issue. Every veteran has a right to any and all medical files relating to them thereselfs. VA will play games sometimes when requesting MENTAL HEALTH records. Whenever i request my mental health records from the vamc they sometimes and sometimes not require the approval from the MENTAL HEALTH DEPARTMENT before releasing to me.

Even though the va paid for that exam, the exam was still on your behalf and you actually agree to this when you file any claim with the va. (PRIVACY ACT). BUT the va DOES NOT outright and exclusly own that information in your medical files.Duty to assist also requires a complete and thorough exam, and if you did not have access to these exams reports how in the hell would you ever know if your exam was complete and thorough? Would you just take va's word at this? I think not. Go to release of records and get these records. Tell the clerk you want copies of all your mental health records and fill out the proper roi form and after they get approval to release these records they will mail them to you within 10- 20 days. (timeline at my vamc).

[deanbrt]

thanks, Ketchup.

[ketchup56]

I myself try not to second guess when i know i'm right. You were right on point the first post. Good Luck.