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

[Buck52]

This is why its good to have all your ducks in a row so-speak before you have your C&P get your medical evidence in that is favorable to your claim nexus is an important document, for SC.& Help your claim

So Actually its up the the Veteran to work his claim and make sure all your T's & I's are crossed  before the C&P, never depend on someone else, even if you have a VSO or Attorney  get with them and double check things.

if you are not sure about your VSO/Attorney  then research things yourself ask here on Hadit.

Basically Educate yourself with your claim and the VA

Actually the only Advantage getting your C&P Exam report to see what the Examiner said...if you think its going to be denied  then you have a little edge on time to make it right or prove the examiner wrong, if your denied you Still need to NOD or Appeal anyway.

I seen some veterans with a good C&P Exam and seem certainly favorable to the veteran and still be denied...I think we have all seen that  or happen to one of us at one time or another.

jmo

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

[Buck52]

What good is it to see your C&P Exam notes before your claim is decided? IT still won't change anything what the examiner said one way or the other...you still need a decision.

if you don't agree with their decision....that's why we  Can NOD it.

The only good I can see if you know what the examiner said before a decision is made  it gives you more time to work your claim and counter him  but you still need a NOD .

 IF You choose a DRO Hearing its always best to try your best to solve it there at RO Level  we all know that, if your claim is not solved at RO then your on your way for a few years trying to get it solved in the upper level or remands back and forth.

jmo

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

Edited April 8, 2016 by Buck52

[green]

I think it's human nature to want to know how things are going, especially something as emotionally charged as having your service-connected disabilities recognized.  Most folks (myself included) find it difficult to simply send in a claim and forget about it for several months (or years if you enter the appeal process).  I believe the process and timeline impacts us all negatively and after enduring the process we simply want what is fair and to have closure.

[lotzaspotz]

The question as to what good it does a veteran to get a copy of exam results as soon as possible in the claims process can be answered by the old adage, "Forewarned is forearmed."  The sooner you realize there's going to be trouble headed your way, the sooner you can prepare a plan to neutralize it.  As for that information being excluded from HIPAA laws, who said so, the VA?  Any statutes on that or litigation history?  Or just because they say so?

[Berta]

That's right.... and when a veteran seeks an IMO/IME, then the C & P exam results can be critical to the IMO doctor being able to knock it all down, sooner than later.

John Dorle had luck with sending FOIAs to VA for QTC exams, prior to the decision being made.He explained that in today's radio show.

It is a crock to have someone opine on your disability and you have to be either awarded or denied before you get a copy of it...that is how it has been for QTC exams but I am very shocked that VA has changed a past policy???? on obtaining C & Ps done at VAMCs?

Heck I got a copy of a posthumous C & P exam done on my DMII claim ( due to BVA remand) within about 2 weeks and sent my rebuttal right to the BVA,who agreed with my opinion  that it was too speculative and was not the cardio opinion the remand had called for , just a PA opinion.

The BVA gave it no weight at all and awarded based on the established medical evidence and 3 IMOs they  already had..

If VA is preventing veterans from obtaining copies of C & P exams done at VAMCs, then veterans better do something about that.

How many more rights will VA take from you all?

 

[iceturkee]

45 minutes ago, lotzaspotz said:

The question as to what good it does a veteran to get a copy of exam results as soon as possible in the claims process can be answered by the old adage, "Forewarned is forearmed."  The sooner you realize there's going to be trouble headed your way, the sooner you can prepare a plan to neutralize it.  As for that information being excluded from HIPAA laws, who said so, the VA?  Any statutes on that or litigation history?  Or just because they say so?

wouldn't it be a better idea to have your ducks in a row when you submit your claim? and then continue to prepare to do the same in case of denial? if you got your exam before adjudication, you still can't file a notice of disagreement until adjudication.

i'm as impatient as the next person and want to see it as soon as i can. you usually get a pretty good idea of how the va will rule from your exam results. at least, i have.