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]

13 minutes ago, Berta said:

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?

 

the va isn't preventing you from getting copies. they don't want to release them to the veteran until a determination is made. i started going to the va in 1988 and that was the policy then.

[lotzaspotz]

Please don't imply that merely because a veteran wants their exam results asap, that their "ducks" are not in a row.  Berta's post voices my feelings on the subject quite eloquently.

It's not simply "impatience" that drives this.

So where is this ruling to be found, on a dartboard somewhere?

 

[iceturkee]

i knew about it in 1988. thats been almost 30 years ago.

[lotzaspotz]

Ice, we've been at this since 1993.  With the same RO.  I have a paper trail of exams since then.  It makes no difference how long we've been at this, it's what is happening now that counts.  Berta is right, as usual!

 

Edited April 8, 2016 by lotzaspotz

[iceturkee]

spots, maybe you were fortunate in that your RO or your local clinic disregarded policy and released those reports before they were suppose to be.

in the almost 28 years i have dealt with the va, i was denied those reports until adjuication more often than not. out of 9 c&p exams, only did i get 4 reports early. in fact, my depression exam took the help of a fellow journalist to get that released to me early. my understanding is that mental health exams aren't suppose to be released until a claim has been decided to prevent the veteran from possibly doing something harmful to themself or others.

[broncovet]

Iceturkee...

   Sorry, but I dont agree that witholding C and P exam until after the decision  somehow "protects" doctors by making the Veteran wait until after the decision.   An angry Vet might be even MORE angry when he found out the doc gave him a negative c and P exam AFTER a denial.  I dont see how witholding the exam "protects" docs from angry Vets.   To the contrary..when the Vet finally does get the exam after the decision he can precisely determine that, with the reasons and bases, that it was a particular exam that resulted in a denial.  

    Angry Vets have plenty more to be mad at than "just" a bad c and p exam.  What about a bad decision? 

What about a delay for years that causes a Veteran to lose his home??  (LIke what happened to me).  What about one of the many glitches?  What about VA employees getting paid in 2 weeks while it takes Vets more like 5 years most of the time?  

     Witholding the exam until after the decision is a denial of due process.  Its also a very unnecessary delay.  For example, if the Veteran knows the exam is bad prior to the RO decision, he has an opportunity to get an IME/IMO to refute the bad exam, and not have to wait an additional 5 years sending this to the board because of a defective exam.  Some of the exams are just plain defective because:

1.  Some of them dont really answer the question which is often is the Veterans disorder related to service?  

2.  Some of the examiners are not competent to opine.  

3.  Sometimes the examiner either does not have the medical records, or has incomplete records.  The Veteran should have an opportunity to fix these and other potential exam problems prior to a RO decsion.  There is no real good reason to with hold the exam, except to delay delivery of the Veterans benefits.  As I said, a Veteran can be MORE angry with an examiner when he does not find out about the exam until after the denial.  This would be much worse than knowing the exam was bad early, where he at least has an opportunity to correct possible records errors prior to decision.  C and P exams have many, many errors.  Chris Attig calls it "junk science".