Exam

[LIL-ROB]

Anyone ever had there cell phone in there shirt pocket to REC there exam?

[georgiapapa]

LIL-ROB,

Some of my fellow Hadit members will probably disagree with my opinion on this matter.

Some states and the federal government permit recording conversations as long as one party (you) to the conversations gives consent. Other states require that, absent a court order, all parties to the conversation must be aware of recorded conversations in advance of the recording.

One could argue that even if you are in a state where all parties must give consent, you could still record without the other parties consent if the recording took place on federal property (VAMC) where federal law would take precedence over state law.

Personally, I think a video recording should be made of all C & P exams and the veteran should be provided with a copy of the recording. I would like to see someone recommend this to the new VA head honcho.

However, I would think long and hard before recording a C & P exam because even if you have the law on your side, you might end up in a legal battle with the government which could be costly in more ways than one. The government has plenty of lawyers and will not be in a hurry to settle any litigation. You might have to hire an attorney to defend you in a long court battle with the VA and your claim could be in limbo for years waiting for final disposition of your court case. JMO

Good luck to you.

[rosypalm]

No

[eagle1012004]

No....and I don't recommend it!! If there is an issue with a C&P and you get low balled or denied you can always fight it with a NOD or any other form of disagreement that's available.

I agree with Georgiapappa above various states have differing laws and I can't conceive of any C&P DR. being ok with being recorded. Like Georgiapappa said, it could open up a legal battle that surely you would have a hard time winning.

To me, unless there is some extrodinary circumstance, I wouldn't open that can of worms. It could slow up any current claims or ones that you have not filed yet. JMO

All the best to you, your family, and all the best for your claims!!

Greg