Question....

[rpowell01]

I have read here on hadit and other places that video and audio recorders are NOT allow during the C&P exams. I have also read the court ruling that states that its not a RIGHT for a veteran to be able to do this.

But, I have YET to find the actual policy on this. IMO there is NO policy and the the reason why the VA doesn't have a policy is because of the court ruling whenever they said its not a RIGHT. If there was a policy then the ruling wouldn't have been with if it was a RIGHT or not.

If there is a policy then please post the link here and that will let me know that I wrote the above in vain. If not then "I have a dream".....

I know I have talked about this before, with carlie, but I have yet to see a policy so I have searched and searched. BTW There is actually a FEDERAL LAW that is called the "One Person Consent Law" where it only takes one person's consent for the parties to be recorded. So if I am in a room with you I only have to give consent by ME to record our conversation. As long as one of the people recording is part of the conversation.

So, this is why the court also only said it wasn't a RIGHT. They didn't say you can't do it, they only said it wasn't a right....Big difference there....

Somebody please provide me a link to this policy/regulation. Thanks...

[rpowell01]

Okay I don't know how how this got double posted....Sorry..

[carlie]

This is all I know of.

[rpowell01]

Yep that is what I read. Having "No legal right" doesn't mean you can't, it just means you don't have a right to. The VA knows they can't write a reg on this because of the federal law that is active. So it was challenged in court and the court only ruled that you don't have right because the examiner stated the veteran refused the examination.

I am going to find out when the Fed Law was written and compare it to the date of the court date. The Fed Law can void the court case if it was written afterwards if I am not mistaken which is something I have to also look into. I know amendments can overrule a court case, so...

Thanks...

Edited June 28, 2013 by rpowell01

[meghp0405]

just out of curiosity rpowell01, what is it that you are looking for? I have actually heard of veterans using a voice activated recorder in C/P exams just so they could have "evidence" of shoddy c/p exams. If any veteran uses this, how will the vet use this in their defense if VA wont accept it??

Hey, I understand completely the plight here. I see a lot of vets that come back and are upset because they had what they believe to be substandard exams. And, many of them are absolutely correct, unfortunately.

One of the biggest complaints I receive is that the examiner is on the computer and does not pay attention to the vet and lack of range of motion exams.

When a veteran brings me their rating decision, the first thing I do for the veteran is obtain a copy of the C/P exam and the medical records/documentation that was used in rendering the decision by VA. Then, I decipher what's written, the examiners notes and records. Then compile a rebuttal for an NOD for the decision review officer.

Good luck in your plight, if there is anything I can do to assist just ask!!

[carlie]

I'd just put all of my energy into getting my issues granted.

JMHO

[sambo808]

I have read here on hadit and other places that video and audio recorders are NOT allow during the C&P exams. I have also read the court ruling that states that its not a RIGHT for a veteran to be able to do this.

But, I have YET to find the actual policy on this. IMO there is NO policy and the the reason why the VA doesn't have a policy is because of the court ruling whenever they said its not a RIGHT. If there was a policy then the ruling wouldn't have been with if it was a RIGHT or not.

If there is a policy then please post the link here and that will let me know that I wrote the above in vain. If not then "I have a dream".....

I know I have talked about this before, with carlie, but I have yet to see a policy so I have searched and searched. BTW There is actually a FEDERAL LAW that is called the "One Person Consent Law" where it only takes one person's consent for the parties to be recorded. So if I am in a room with you I only have to give consent by ME to record our conversation. As long as one of the people recording is part of the conversation.

So, this is why the court also only said it wasn't a RIGHT. They didn't say you can't do it, they only said it wasn't a right....Big difference there....

Somebody please provide me a link to this policy/regulation. Thanks...

Veteran does not have legal right to record an examination or be accompanied by counsel during an examination... that is actually stated in VA's own policy in their Manual Regulation of M21-1MR.III.iv.3.a