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Which regulation prohibits the recording of C&P exams?

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63Charlie

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63Charlie
63Charlie

I believe that this regulation leaves the veteran at the mercy of some of the unscrupulous VA examiners. Please cite the regulation.

FormerMember
FormerMember

Lots of questions but no solid answers. Here goes: If it's a contracted outfit doing your c&p like VES, QTC etc. for the VA, then they (the investigatory company) may promulgate their rules a

pwrslm
pwrslm

The reason you take notes when you cannot record is because then you have them to submit as support in your lay statement. If they do not have the correct tools to measure ROM, put it in your notes. I

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LongTooth Enthusiast

LongTooth

Posted
Posted

While I didn't dig around looking for the specific VA policy prohibiting the recording of a C&P exam. I did go digging around for the federal statute on 18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited. Section 2(d) is interesting.  The link is "https://www.law.cornell.edu/uscode/text/18/2511". Now, I'm not a lawyer, just some poor schmuck caught in the system. It seems to me that federal law supercedes agency policy on any given sunday. I will say this. I wish to holy xxxx I had recorded my C&P exam. Lesson, at least for me, learned.

 

I'm sure one of the more knowledgeable folk will chime in with a better answer.

 

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Buck52 Grand Master

Buck52

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I don't have the regulations that say were not allowed to, but I don't think were allowed to bring in type of recording devise to our C&P Exam. I remember reading about that  some where??...but we can bring our spouse or a well known friend for moral support!

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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vetquest Veteran

vetquest

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Posted
53 minutes ago, Buck52 said:

I don't have the regulations that say were not aloud to, but I don't think were aloud to bring in type of recording devise to our C&P Exam. I remember reading about that  some where??...but we can bring our spouse or a well known friend for support!

I had two C&P doctors that did three C&P's on me and they prohibited me from bringing my wife in with me.  The C&P's were way out of line too.  The last C&P the doctor told me "I thought I had already taken care of you."  The doctor accused me of malingering.

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Buck52 Grand Master

Buck52

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I see no reasons why not?

Back when I had my C&P PTSD  Exam, the Dr came out in the waiting room Introduced her self and I introduced myself and my spouse  and I ask the Dr if she minded my spouse to join us  the Dr said Sure that's fine.

So Maybe it is just up to the Dr?

...if we get a bogus Examiner  with a shi**y attitude  it probably don't matter if she goes in the room with you or not,  that examiner already has his/her mind made up.

I 've  had both VA C&P's and QTC's C&P's and every time they allowed my spouse in.

Actually welcomed her.

I think its just the luck of the draw what type Examiner we get.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Buck52 Grand Master

Buck52

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These C&P's are crucial to our claims  never go to one with an attitude.always kiss ass if you have to, be nice and Curtious ..Answer the questions the best you can  and if you don't know the Answer just simply say you don't know....Always try your best to have a good re pore with your examiner  no matter how he/she treats you, just  keep your cool and hope the examiner will give you a favorable report.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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pwrslm Mentor

pwrslm

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Posted

You cant record the exam. You can take handwritten notes though. If they screw up and make false entries into the record, report them to the medical board and the IG. Falsifying medical records is a felony.

The more people who report this, the more they will have to look into it.

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