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.

[Carl the Engineer]

I guess I would need an example of a question where his answer and yours was significantly different, and if it was observational.

For example, if he/she watched you come into the room, take your jacket off, hang it on the coat rack and put your hat on the shelf above and during the exam, he asked you if you dress yourself and you said no, my wife dresses me, he might say differently by your actions, etc.

We had a local doctor that used to do SSDI exams back in the 80's (my wife was a secretary for him, a whole other story) and when he knew a patient was coming in for an exam, he would watch them drive into the parking lot and come into the office. In one case the patient got out of his car walked around to the trunk and got his wheelchair and came into the office. His contention was he was confined to a wheel chair and could not drive. Denied.

Anyway, those are probably poor examples, but you get my drift.

Now on the other hand, if he asks you if you drink alcohol and you tell him you do not, and he puts that you are a social drinker, well then I would have a problem. He has no standing on that.

What is the most direct conflicting question asked and answered to support your claim if you don't mind,

Hamslice

Edited July 29, 2015 by Hamslice

[ogj23]

Funny you mentioned alcohol I got in trouble once when I was 18 and hadn't had a drink since age 20 but he said I had a drinking problem. It was some other things to. My lawyer called me back and told me to chill and not to get so worked up, he said that was his job. Thanks for all replies.

[pwrslm]

So hows this work.

VAMC is Federal Government property.

In a state that restricts recording unless BOTH parties consent, is it legal to record a C&P because the state has no authority on federal property? Would they prosecute you under state law for illegally recording a C&P exam?

[rpowell01]

pwrslm ALL VAM Centers are on FEDERAL PROPERTY so FEDERAL LAW applies. Think about this, when you go to a VAMC do you see FEDERAL or LOCAL law enforcement? Think about Indian Reversations, they are govern'd by federal law not state laws whatsoever.

So, with all VAMCs they are govern'd by FEDERAL Law because they are owned and are on FEDERAL PROPERTY. If you commit a crime at the VAMC you are prosecuted at the FEDERAL Level.

And to answer your question NO they can't because FEDERAL Laws TRUMP state laws. It means if there is a FEDERAL LAW that says you can do this the states cannot say otherwise meaning they cannot CHANGE the law. But they can ADD to the law.

Example: For many years the FEDS said that the speed limit was 60 on all INTERSTATE HIGHWAYS. The states cannot create a law or policy saying since the INTERSTATE HIGHWAYS are in our state we are going to change the speed limit to 70. Understand? But the states can say the speed limits on INTERSTATES in our state are 55. They added to the law but didn't change the original law.

So if the FEDS say that a person can record another one with having only ONE PERSON APPROVAL even if the person doing the recording approves it the states cannot say "It will take the approval of TWO people".

Now if the FEDERAL LAW stated it must take TWO people to the approval the states can come back and say "It only has to be ONE person".

Edited July 31, 2015 by rpowell01

[rpowell01]

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.

I could NOT agree with you more. In all reality C&P Exams are part of a LEGAL PROCESS. For instance, if you ever go to a REDUCTION HEARING at the RO the hearing is recorded. If you ever go to the BVA it is also recorded. The C&P exams are part of the LEGAILITY process and should be recorded. Its been proven over and over, time and time again, that 90% + of the C&P examiners have been caught or has lied on their C&P reports.

C&P Examiners are nothing more than washed up MDs or NPs who cannot get a job on the outside of the VA because no insurance company will insure them because of previous lawsuits. I've had 5 C&Ps since I was discharged in 1996. ONLY ONE C&P examiner ever told the truth on his report. So 4 out of 5 of them will lie and not be truthful. Again people don't realize they can have their licenses revokes for not telling the truth and it only takes one time for a person to prove this. All they would have to do is record them and send that recording to the DA or the Licensing Board in that State or Federal level.

[GuaymasJim]

This article, while not about veterans taping an exam, is extremely relevant.  I am certain if this woman had asked in advance, she would have been denied.  However, she did it anyway with great results-a huge policy change.  Isn't that what we are looking to achieve?

http://www.nytimes.com/2015/09/05/us/a-surreptitious-courtroom-video-prompts-changes-in-a-georgia-town.html?hp&action=click&pgtype=Homepage&module=second-column-region&region=top-news&WT.nav=top-news&_r=0