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.

[USMC_VET]

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

I get why that makes sense, since the adjudication of claims is much faster than DRO/appeals. however i hate the idea of letting the VA slide on what they owe you for back months/years

[john999]

I I had a horrible C&P exam back in 1997. I appealed the rating decision based on the exam. I got a new exam. The new exam was biased because the new doctor was a pal of the old C&P doctor. The new exam was even worse. What saved me were multiple IME/IMO's I got. I was in treatment for years at the time and had two private doctors to go to bat for me. They also knew good IME doctors and referred me to them. I finally got an IME doctor who was a former VA employee who knew the VA. She wrote an IME/IMO that was so good the VA just incorporated it right into their decision. She knew all the buzz words and phrases plus she was respected at the VA hospital. The VA just SC'ed me for 4 new conditions based on her IME.

John

[ogj23]

I did check with the VA downtown Indy before I recorded it. They said it was ok because Indiana is a one party consent state. The VA psych I see locally strongly disagrees with the c&p examiner. I have an appt. with the patient advocate next week I gonna ask to speak to the VA hospital administrator if possible. In my mind that examiner should be dealt with, if he done that to me just imagine how many others have been done this way. It makes double work for the VA automatically since his exam carries a lot of weight. Thanks for all the replies.

[USMC_VET]

I did check with the VA downtown Indy before I recorded it. They said it was ok because Indiana is a one party consent state. The VA psych I see locally strongly disagrees with the c&p examiner. I have an appt. with the patient advocate next week I gonna ask to speak to the VA hospital administrator if possible. In my mind that examiner should be dealt with, if he done that to me just imagine how many others have been done this way. It makes double work for the VA automatically since his exam carries a lot of weight. Thanks for all the replies.

If i were you I would email/write the VARO administrator regarding this issue. I would, personally, want to have something in writing from the VARO there saying "yep your ok to do that". maybe make a appointment with the VARO legal dept to discuss the issue, show up in person and ask them in that meeting if its ok if you record them.

if they say yes, start recording.

Ask "I am ______ the date is _____ i am in a meeting at the Veterans Affairs Regional Office Indianopolis, in the room with me is, please state your name and position."

"My question is whether or not the it is legal to record my interviews, exams or any meetings with any VA official on or off VARO grounds?"

record their response.

I understand they said it was ok earlier, but that doesnt mean if they later find out it wasnt ok that they will just deny they ever told you that, i would really implore you to cover your butt on this one.

If all that goes well and you are ok to do so and they say yes its ok then i would contact the VARO OIG and send them copies of the tape and transcript and send it certified mail, return receipt so you hav eproof they received it, just like sneding evidence. I would call them weekly about this. I would also inform them that you are very worried about veterans being hurt by this doctor, that falsification is illegal and they have the proof there, and because of this you are, in conjunction with contacting the OIG going to contact your local state and US senators/Congressman. also send in a copy of the C&P exam, also take screenshots of what is shows on blue button. i would also go to the VARO and have the VSO print them off and have it notarized that this is a copy of the C&P just in case there is some "data error" and the exam dissapears or changes.

[rpowell01]

Under FEDERAL Law you can RECORD anybody, anywhere. The VA policies cannot trump FEDERAL Law. Its called the One Party Recording Law. If just one person, even the one who records the conversation, agrees to the recording its legal, per federal law.

Here is the law: https://www.law.cornell.edu/uscode/text/18/2511

Also read here: http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations

Trust me this happened to me also back in 2012 and from that date forward any C&P exams, hearings and such I will be recording all conversations. You can actually get these C&P examiners into trouble and have any and all licenses revoked. They cannot lie, period. They swore and oath to tell the truth when they got their licenses. I would send this recording to FOXNEWS and many other media outlets but make sure they agree they don't use your name. Most of them will agree with this. Trust me they, including NBC, wants to get what should be coming to the VA.

I feel sorry for the VA and to many, many veterans. If it wasn't for fraudulant claims we wouldn't be in this situation. Also its works the other way around to where the VA personel filing fraudulant claims and taking money from US.

I am telling you there is something big going to happen in 2016 financially, trust me on this, save your money starting now. Its going to be worse than 2008 and in the 70s. It will be the 2nd worse hit this country will take since the Great Depression. Its coming folks.

Edited July 28, 2015 by rpowell01

[ogj23]

I'm gonna check into it. I will talk to my lawyer first. Sending it to the news sounds good, but I will triple check before I do that. Those people that file the false claims should be caught, I think all c&p exams should be recorded by the VA just to keep everything in check. Thanks again for the replies.