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Proof That C&p Exam Didn't Match Our Discussion

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ogj23

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My lawyer filed a NOD/DRO Review for my initial denial. To make a long story short the c&p examiner wrote down his own answers to the questions he asked me. He also stated he read my file I see a local VA Psych in my town and he does not agree with it either. I recorded my entire c&p because I live in a one party state. My attorney had the recording transcribed and his answers he typed in do not match the recording. Is there anything I can do with this information to help my NOD move quicker. I do have some NM evidence to turn in but I was just wondering about the recording. Thanks for any advice.

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you might want to check federal laws on this, since the VA is a federal facility. consult your attorney

If it is legal you can submit the transcription as evidence, but i would file a complaint against the RO for falsifying records, perjury, whatever the case may be.

Edited by USMC_VET

70% - PTSD

->50% - OSA (Secondary to PTSD)

30% - Bilateral Pes Planus w/Plantar Fasciitis

30% - Migraines

10% - Tinnitus

20% - Back

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  • HadIt.com Elder

IME/IMO is the best way to fight these bogus C&P exams. The VARO is supposed to weigh the evidence both pro and con. You pile up more evidence you can win. IME is evidence. Your get the IME to refute each and every negative assertion by the C&P exam doctor.

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  • HadIt.com Elder

Request a DRO hearing ASAP;

and present the tapes to the DRO, usually they won't allow a recording devise so be sure and take your player with you and just leave it in the car and tell the DRO you have it or if its small leave in your pocket, ask to play it back for him as part of your evidence to what was said and what was written in your C&P exam.

not sure they can use it as evidence to rebute the VA Doc but the DRO really needs to listen to the tape.

As its your only evidence and your word as to what went done at your C&P to let the DRO have this information as how your botched up C&P, However before you go to your DRO Hearing get another IMO Ask the Dr to use the VA Critier found here on hadit.

After that C&P YOU Felt it be better for you to go get a private independent medical opinion with a specialist..whice really put a finical burden on you & your family.

jmo

This is what pisses those DRO's OFF when a VA Dr lies like that.

Don't worry to much about it this can be over come!

....................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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The idea that the C&P should not be recorded is a breach of trust. What should they need to protect here? An examination of my personal body is my business, and unless the integrity of the examiner is a problem, there should be no issue at all in recording the event.

What exactly motivated the US Government Department of Veterans Affairs to defend this type of behavior from being recorded? It removes my right to protect myself in the event that an error is made. These people are effectively government employee's, or under contract by the government for a specific purpose.

Nothing should be hidden. They have no right to privacy, we do.

Edited by pwrslm
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  • Content Curator/HadIt.com Elder

Sounds like something the VA OIG might be interested in...

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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