Violation Of Federal Law

[vern2]

What federal law is being violated when a VA C & P doctor admits that he has not read or reviewed yor c-file PRIOR to your appointment. I have read that this a frequent violation of federal law, but which law? Tried to do a boolean search in 38 CFR, but could not find it.

hamster man

[Navy04]

I don't remember bud, but if you are denied SC based on that Examiner, it will give you grounds to go back and challenge the VA. I wish I was an expert and knew all the CFRs like the great guys on here like, Tbird, Berta and Carlie. If I can learn half as much as them, by the time I die, it just might be alright, Lol.

[john999]

I often see exams here where the doctor has not looked at the vets SMR's or his VA medical records. I would bet a thousand bucks the docs that say they reviewed the vets C-File are probably either lying, or they just looked at the last rating. Can you imagine one of these smucks reading a thousand pages of C-File? I think they get a flat fee for doing these exams.

[hmcquade]

agreed I do not know how any of the C&P DRs could have read my SMR

Hugh

[georgiapapa]

A nurse practitioner performed my C & P for AO related cancer. I brought my medical records from my private oncologists with me to the C & P exam. She indicated she had never reviewed my c-file or seen any of my medical records and she took the medical records I provided to answer the required C & P questions on her computer. She also made copies of some of the records. I was more surprised that an oncologist did not perform the C & P.

[Slowlane]

The RO scheduled my CP exam without my knowledge and did not want me to be there. My CP was on neck cancer and the Dr was a gyno doc. Her opinion that was fed to her by the RO and got my service connection severed. They just do whatever they please.

Edited June 29, 2014 by Slowlane

[Berta]

All of these regulations are within M21-1MR which can be googled and there are links to M21-1M here as well.

Navy04 is right. A C & P exam can be challenged on that basis ( lack of C file) and I did that myself for my husband long ago.

I gave a witness statement because I sat in an adjoining room during a PTSD exam he had and I heard employees looking all over for his C file.The exam took place at a different VA than he worked at, and the doctor even asked him if he had his C file with him, but did not note any of this in his exam. There was more to it than that however, and I called the VA examiner to complain as well. He got a new C & P exam.