Which regulation prohibits the recording of C&P exams?

[63Charlie]

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

Please cite the regulation.

[Buck52]

LongTooth

I think we all realize what you mean here.

Most of us have been where your at more that once, but I think your interpretation of these Reg's/Statues  is that your not understanding them the way they were written as for as the meaning... (jmo) they are hard to decipher and understand.

So maybe one or two of our more experience elder members with more knowledge with VA Case Laws and how there interpreted  them will chime in.

Asknod & Ms Berta & broncovet

I don't know these Regs /provisions/statues of recording conversations during a C&P Exam.

So I shouldn't be commenting on this and I apology to you if I have gave you some wrong information.  even if its just my opinion.

However your certainly free to do as you wish or what you feel is right, if you feel your right and want to take an electronic recording devise to one of your C&P Exams & Record the over all conversation...that's your choice.

Hopefully some of the more experienced Hadit Members will chime in. 

[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 as they see fit irrespective of any VA regulations. In the absence of any posted signs forbidding it on their property, county, city or state deference would then apply ( i.e. does recording require permission or not).

If the c&p takes place at a Federal institution such as a VAMC or CBOC, they may or may not post signs forbidding the use of recording devices of any sort- audio or video. 

I take my cell phone in to DRO and Travel Board hearing and don't even ask for permission. I do politely turn the camera screen face down. As for C&P exams, when I take one of my severely disabled clients in- regardless of what it's for, I go in- no questions asked. If they try to stop me, I just hold up my VA-issued ID saying I'm accredited. End of story- Here's my Power of Attorney. Prior to accreditation, my wife always went in with me to QTC exams. There is no law against it unless--of course there's always an unless- your significant other is not your spouse. In that  case, s/he would have no "standing" legally to you-i.e. s/he could never be eligible for benefits on your service. This only extends to legally married spouses, dependents under 18 or biological parents. 

Now, with that said, I do know it has been done (surreptitiously recording a c&p) but it has no evidentiary value as it's "forbidden fruit" legally. It is useful to re-energize your memory and transcribe it. At that point, you and your wife can offer lay testimony as to what you both recall was said and it becomes part of the record on review. It can be powerful evidence as long as your credibility is intact.    

[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. If they dont test Range of Motion (ROM) according to the DBQ, put it in your notes. If they dont ask you to do repetitive stressing, put it in your notes. In the end, what you have in your notes are far better and more accurate than what you remember in a week, or two, or twenty.
 

The lay statement attesting that the examiner failed to perform according to the requirements in the DBQ that comes from an eye witness is enough to get a new C&P exam. Or you can go get one on your own and prove that the original examiner screwed up. Then you destroy his credibility and its a sure fire win.  

In Florida, both parties must agree to allow the recording. If you ask and the examiner agrees then go for it. Most of them will not allow it. I have been told by the examiners at my past exams that my spouse cannot go in. That means no witnesses. That leaves you and your notebook and pencil with the guy that does not want accountability. They can not stop you from taking notes during the exam.

Edit
I would go so far as to say taking a copy of the DBQ form into the exam with you to use for note taking would be a very good idea.

Edited September 10, 2018 by pwrslm

[Gastone]

My 2.5 cents, never saw a VMC DR PCP or DBQ say anything about the Vet recording the Exam. You can ask, what's the worst you have to face.

My tale with requesting and Recording my 06/2014 DRO Appeal Official Hearing.   Before the DRO began to swear me in, I asked about the DRO's Failure to respond to my "Official request for an Informal Evidence Conference" in 11 or 12/13. He acknowledged he had a copy of the IEC Request in his file folder, said we could do it before we do the Swear in, and start the Official Recorded and Transcribed Hearing. He further explained we would stay in "Informal Evidence conference," unless I wanted to go "On the Record, Recorded and Transcribed." At this point, I had already placed my micro recorder on the table and asked his permission to Record if we went on the Official Hearing, being recorded and Transcribed. Without hesitation, he immediately gave me permission, however, advised me historically the Transcription could take 9+ months before being available.   We Stayed on the "Informal discussion" for the entire 35 min. He Awarded everything from the 2010DRO NOD and said because I went Informal, he would address my 2012 IU Denial DRO NOD, even though it wasn't on the deck for the 06/14 Hearing. Awarded IU T & P No Future Exams.

[FormerMember]

I can, and often do, bargain with a DRO- but only informally (off the record), as it's against the law. Thus, it's a Bozo No-No to do it on the record. A typical discussion goes " My client is willing to drop his claims for tinnitus, hammer toe, and hypertension if you can give us 70% for the PTSD and an IU. He's 68, I'm accepted to practice at the CAVC and I have Jesus in my heart for Veterans. Besides, I'll just get an IMO and win anyway at the BVA. This way we can all go home happy." 

[Buck52]

Gastone

I had a DRO hearing similar to yours at my R.O. in Waco Tx ( back in  June 2003)

I chose the informal hearing off the record. and IEC was done before my swear in too, After a favorable decision by the DRO the DRO had my VSO to expedite everything,including filing the TDIU Form, although I never took a recording devise in with me, I recieved a copy of the transcript of the hearing  word for word in my award packet within the next 30 days.  

I don't know why it would take 9 months?...the transcription is done at the hearing from a transcription person setting in another room hearing the complete conversation.

Even though the microphones at the tables were turn off during the hearing process  but one was not.

They are required by Law to make a complete transcription of the complete hearing, now with that said I don't have the regulations on this....but think about that for a minute..I would not want them to come back and say something that was not true and mess up my claim and no way to prove it unless I recorded the complete hearing   and I would have to Appeal...So the reason why the transcription.  it covers them as well as the Veteran and the Veteran Rep.

You should have recieve a complete transcription of your hearing  word for word of everything that was said on record.