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

[ogj23]

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.

[Chuck75]

This has been a contentious issue for a long time. If it's an administrative process, then one set of regs/laws apply.

If not, another does. The VA likes to take whichever stance favors it's side. I'm waiting to see what the VA tries when someone records

an OTC C&P!

I believe that Congress needs to set up an independent review process. One of the many concerns has to do with RO

selection of specific examiners, and limited C&Ps.

Veterans have long believed that there is some sort of underground policy concerning C&P examiners, the results of their exams,

and quotas.

Edited July 28, 2015 by Chuck75

[USMC_VET]

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.

I agree, I believe that we should be able to record without consent any conversation that we have at the VA, no questions asked. I also think that all visits should be recorded and encrypted automatically using keys that are only available from the DC VA level to ensure there is no local collection of audio/video data. If a Veteran requests these copies they are then re encrypted with a veterans social and sent to them, etc. so they can unlock it.

However I do have to caution, caution, caution once again....

The VA is a FEDERAL agency, there is some case law to support that the federal government doesnt have automatic jursdiction because of this. read some case law involving theft from a IRS office, shooting at Post Office, etc. and it was ruled not primarily federal jurisdiction, however consult your lawer, consult again. make sure he does his research. you do not want to give the VA the ammo to go after you. they dont like being shown they are corrupt and inept. if the evidence you produce to embarass them is the same evidence they can use to incarcerate YOU, then believe me they will do it.

[Buck52]

Its not the first time something like this has happen unfortunately but That VA examiner can be rebuted aginst and his medical opinion toss out although it will be in his C-File.

a DRO told me one time even though its in the C-file its moot as tho it never happen and can't be used against the veteran.

.........Buck

[broncovet]

The doc does not need to copy down what you say, verbatum. If that were the case, we would not need C and P docs, every Vet would simply describe his symptoms and "poof" out comes a rating. Instead, the doc is supposed to apply his judgement along with what you say, and how it compares with your past medical records, and the evidence such as x rays, as well as your physical exam and other tests. He then renders a professional medical opinion.

A better way, perhaps, is to contest the docs credentials. Does he have a medical degree? (not all do). Does he have training and exxpertise in the applicable medical field? How much?

If he lacks experience/training, the c and p probably wont fly, but ONLY if you or your representative "challenge" the credentials of the examiner. Otherwise, the examiners credentials are presumed to be valid.

I think the best that will happen is your lawyer gets you a remand for another c and p exam.

Or, you could just try to get more favorable medical evidence from a) another VA doc, or b) an IME/IMO.

Edited July 28, 2015 by broncovet

[pwrslm]

The problem in examinations is that the doc does NOT put down the accurate history as your tell him. If he adds, or omits, anything, it is no different that falsifying medical records (which is a felony). It is unconscionable for the Federal Government to protect anyone from prosecution in this fashion. He reports your history, and it becomes a part of a legal document, your health record. If he omits statements you made, it can have a substantial effect on you, as well as a major effect on one's ability to receive relief for injuries suffered during active duty in the service of our country.

This is a contentious issue, and should be properly litigated in court to protect our rights, not to protect the US Government from paying damages because of rogue doctors omitting information, or adding information where it is inappropriate.

Edited July 28, 2015 by pwrslm

[Navy04]

Regardless of what you do bud, it will not make your claim go any faster. That is why I do not personally recommend NODs or Appeals, I was denied on a ton of stuff two years ago, and since all was granted just be reopening the claims and making the VA read the evidence that was there all along. Good luck