Copies of C&P Exam Results Must Now Be Requested from Your RO?

[lotzaspotz]

This is interesting and unfortunate, if true.  My husband had another C&P exam yesterday. It was at a VA office in town dedicated to these exams, but not at the VAMC.  While it was going on and I was waiting in the lobby, I asked the receptionist for the form to complete to get a copy of it, as I've always done.  She replied, and the examiner later concurred when I asked him the same thing, that the VA nationwide has implemented a new policy.  Copies of exam results must now be requested directly from the RO, and will not be available until after a claim is decided.  VAMC's will no longer provide copies to veterans.  You can guess what's going to happen (or more likely, not happen) if veterans have to jump through this brand new hoop to get medical information that rightfully belongs to them in reference to their claims and appeals.

Has anyone else heard this?  I'm wondering how the HIPAA laws impact this.  Our Congressman is also an M.D., and I'm ready to contact him, but I'd first like to get my facts straight.  I asked about accessing the information on ebenefits, but they told me to expect a change in that, but they didn't know how that was all going to shake out.  

 

Edited April 8, 2016 by lotzaspotz

[iceturkee]

just curious, when you say you ask 7 people and get 7 answers, are any of them the release of information clerk or the c&p clerk, or the patient advocate or the administrator or the chief medical officer?

Edited April 10, 2016 by iceturkee

[Fat]

I think we are forgetting the point of the C&P exam.

It is supposed to be a measure to identify current injury or illness which began in the military.

The system has warped into something else involving my word versus the physicians word.

Medical evidence and sound medical logic are all that's needed to conduct C&P exams.

It's shameful veterans have to jump through so many hoops just to get claims approved.

If their is a in service sickness or injury, then the C&P should simply be a exam reaffirming the sickness/injury and any residuals associated.

There can be no arguing the facts with this scenario and no doctor/patient could argue the facts.

Maybe I see things in a more simple context, but if exams were properly executed, no party would think the other has alternate motives in claims being approved or denied.

[GuaymasJim]

lotz,  I have always been able to get my C&P exam reports from my VAMC ROI Office as part of my medical records; but keep in mind that all my C&Ps were conducted there.  I believe that being part of an "investigation" of your claim as opposed to being actual medical care, a C&P exam and report would not be covered by HIPAA in the same manner as say a scheduled appointment with your PCP.  Accidental or intentional disclosure of your information to someone not entitled to possess it would certainly still be a violation, but refusing to disclose it to you may not be.  Like you, I always want to make certain that the law (U.S.C.) is on my side rather than just take some VA employee's word.

(iceturkey this is for you too!) I believe the larger question is the supposedly "non-adversarial" claims process. Withholding vital information for the veteran claimants seems to be a flagrant in-your-face violation of the VA's duty to assist the veteran in perfecting his/her claim.  The same is true with the inordinate amount of time it takes for veterans to receive a copy of their c-file which is the functional equivalent of denying a veteran a copy.  ALL VA claims succeed or fail on one or both of those two documents in combination with the veterans' medical records, therefore being denied this information until a decision has already been made is a violation of Constitutionally guaranteed due process.  The problem is that veterans have no real venue to redress their grievances.  The claims process is broken, the appeals process is broken, and it often takes decades to be heard by CAVC.  We sacrificed a hell of a lot more than just health and prosperity by serving our fellow citizens; we also surrendered a significant number of civil rights.  Think about that the next time someone says, "Thank you for your service."

I don't use one, but possibly your VSO or service organization POA can get a copy for you.

Good luck to you!

 

[iceturkee]

last i heard, our little va clinic was serving over 40,000 veterans. it got so bad that another was built on the west side of our county. one major problem with the va is its overloaded. there is usually a shortage of medical personnel and medical clerks, probably, at either all va medical sites or most. that is a major contributing factor as to why some things are slow. the other, obviously, is the lack of concern by most facilities by most veterans.

one of the reasons i wanted to become an NSO in my second career (reporter in first) is that i have done fairly well at working the system in my favor. it never happened because the va screwed with my voc rehab request.

and again i'm sorry if you all disagree but getting a copy of your exam report before a decision is not a violation of your constitutional rights. you get a copy after a decision is made and you have up to a year to refute a denial. if you don't like it, complain to your news media. complain to your congressman (although, many of them probably won't get anything done.

plus i will say this again, after your exam start collecting an alibi file of medical reports and such, in case you need to file a notice of disagreement.

[Gastone]

The elusive C & P DBQ's are where, copy in your VMC med Recd maybe, if completed at your VMC, but for certain they are in your C-File, right.

You could file a FOIA request for a copy of your C-File, then set back and wait 12+ months for the File to arrive. Then again, you might try the RO Walk-in Viewing of you C-File. Supposedly all RO's allow Vets same day Viewing of their C-File on a 1st come, 1st serve basis M-F 8-4. I haven't tried it yet but I'm not in a hurry.

I have verified this procedure with the VA 800 Help line and confirmed no appointment is necessary and I have also discussed this issue with an RO Rater, face to face. I wouldn't put it past some RO Front Office Desk Jockey, to try and give you the Bum's Rush and say you need an appointment. I'd ask to talk to a Dept Head and call the 800 line before giving in, to making an appointment requiring another trip.

Semper Fi

[iceturkee]

wow 12 plus months? my longest wait was maybe 2 months. but then i started in 1988, have frequent visits and a really thick file. hmm, maybe thats one reason why it might take a month or two to get your file. if you are waiting over a year, i would be complaining to someone high up the food chain!!