Time for C&P examiner to send results??

[Johhny_Drama]

Hello to all,

 

I had my C&P Examiners (4 exams and 3 doctors) for my 2 exams from 2 different doctors, they apparently sent in the exams and the VA has this. GREAT! but for the 2 other exams from the 1 Doctor did not send in anything as of 29nov. I had my exams on 20NOV at a VA Medical facility and the examiner said ok, I will make sure to send everything and said its all electronic. I know holidays was coming in 2 days but still, the others sent their reports in. He did not.

I had a sleep apnea and IBS issues. I made sure to bring copies of the sleep study and he found the information he needed off for his report however he did not keep anything. I made sure to upload them all to Ebenefits regardless so they have this. My question is do the examiners from your C&P exams have a deadline to send this in? This guy came off a real class a ******* but to each their own. I just expect him to take my report, type his report and submit. My one buddy who went 2 months ago had his c&p exams and within 3 weeks to maybe a month later his was resolved increased rating etc. Anyone have similar issues please let me know.

 

 

[Berta]

This article was updated by CCK a few weeks ago:

"You have the right to request and obtain a copy of your C&P exams by contacting the VA medical center where the exam was conducted, or your VA Regional Office.  VA decision makers often place significant weight on C&P exams when deciding claims.  Therefore, it is important for you to review the exam to determine if the results are favorable.  Furthermore, you can ensure that the exam was filled out completely and thoroughly, reflecting the most accurate information possible."

There is more good info in the article-also I posted a link to a form here to obtain any VA medical records- but cant find it in the search-

I asked this question before-

When a contracting doctor does the C & P, does the VA still contend that they 'own' it and it cannot be obtained by the veteran until they make a decision?

One of the last C & Ps ( posthumously) I got was done at the local VAMC and I got a copy of it right away.Of course like every posthumous C & P they ever did (knowing the veteran himself could not be present because he was dead),it was completely deficient.

This was a BVA request for a VA cardio C & P opinion- I got a PA opinion and rebutted it as being too speculative as BVA asked for a cardio doctor- VA agreed.

 

 

 

 

[Berta]

PS- I filed an IRIS complaint a few days ago-because I had requested a copy of the atual C & P exam they had done to deny a 1151 HBP claim I had.Using 38 CFR 4.6, I filed CUE and they awarded in less than a month-

Regardless of the fact that they awarded, I have a CUE pending on the award.

 

In early Sept 800# said they had my request  for the C & P and confirmed the batch of CUE claims I had recently filed on 2 award letters, ( I love CUE claims)- then a few weeks ago 800# said they never received the C & P copy request ( I still have proof of their receipt of it) ----

It is primarily the C & P exam that will deny most claims.

If the exam is erroneous in any way, you must take action to correct it.

I do not believe a "medical" person at VA did this C & P exam. I guess that sounds like VAOLA paranoia- however- after decades of dealing with them, Nothing would surprise me.

BYthe way the did list my evidence in the denial letter- but apparently they might have withheld it from the examiner ( they did that to me twice before) or maybe the 'examiner' could not read.

My evidence came from the same VA Cardio expert who supported my FTCA case.That case was denied at first, but I called VACO and OGC  right away and found out my RO had sent them all of the files , but had removed the most probative evidence when they sent it. 

A supportve Peer Review they did here in NY for th FTCA 'disappeared' and OLMA-VA (Office of Legal Medical VA) told me it had "never" existed. Years later I found it at the bottom of my C file.Used  it for my AO IHD award.

 

My long point here is that if all C & P doctors gave us a fair shake and actually read our evidence and medical records well, they would probably be intimidated by VA,or the contracting firm they work for , to do a "better "Job by  making  sure most of their  exams favor the VA and the results will deny the claim.

 

 

 

 

 

 

 

[GeekySquid]

21 hours ago, Johhny_Drama said:

1 Doctor did not send in anything as of 29nov. I had my exams on 20NOV at a VA Medical facility and the examiner said ok, I will make sure to send everything and said its all electronic. I

i am not sure there is a specific time deadline to submit the reports but it there is 9 calendar days is not going to be it.

i am curious if you looked under your Blue Button? you don't specifically say how you know the docs submitted or didn't submit.

C&Ps done by VA at VAMC, as opposed to by outside contractors at outside locations, should appear under Blue Button on Healthy Vet. This should happen 3 days after the report is submitted/entry made in VBMS

IF you have not done so, perform  a custom date range search about 10 days before your exam until today. make sure NOTES is selected. in fact just get everything from that range of dates.

[broncovet]

Yes, you "have a right to "request" a copy of the c and p exam".   Its just that.  You can "request" it, but VA can deny that request.  I have had more than one Vet indicate that VA denied the request for a c and p exam.  "Have a right to request" is somewhat ambigious.  I have a right to request a nomination by my party for the president of the US", if Im a citizen over 35 also.  

Unfortunately, when you go to a c and p exam, VA pays for it, so, they own it.  Its pretty simple, when you buy something you own it.  

I think the law should be you have a RIGHT to the c and p exam, but that is not how its worded.  

The VA can, and sometimes does, delay sending us a copy of the exam until after the VARO decision.   

Its a loophole that VA often expoits to their advantage, since we are at disadvantage when we cant see the c and p exam.  We have a limited period in which we may challenge the competency of the examiner, and that is often over by the time we get a copy of the exam.  

[Buck52]

I have got my C&P Reports back from the VA RELEASE OF MEDICAL RECORDS  DESK at my VAMC within 3 or 4 days after the exam...maybe it was 5 days but was not that long after the C&P..

AND I have got my C&P Reports From a QTC Contractor from the VBA ( Veterans Benefit Administration ) by going by their office 2 weeks after my C&P and there I signed a FOIA and the VSO check it out the computer  the date of the exam  and put my information in the computer and walla there it was  so he made me a copy.

now this has been a few Years ago  maybe things have change since then.

[GeekySquid]

7 hours ago, broncovet said:

I have had more than one Vet indicate that VA denied the request for a c and p exam

are you saying, or meaning to say, that the VA REFUSED to give the veterans a copy of their C&P exam or are you saying the vets asked for an exam via a claim and the VA refused to give one?

The first one is solved by an FOIA. They can stall but they cannot deny you your own information, and it would trigger a lot of head scratching why they would knowing that you will get it anyway. Beyond that it will end up in your C-file eventually.

As for the second, the VA does not HAVE to give a C&P if they feel the outcomes will not benefit the veteran and is completely a different issue then getting a copy of a completed C&P.

7 hours ago, broncovet said:

Unfortunately, when you go to a c and p exam, VA pays for it, so, they own it.  Its pretty simple, when you buy something you own it

no. 'the C&P becomes part of your medical files and it is your right to know the contents of your medical file. The document makes a medical determination and that determination is made by a qualified (choke choke) medical professional. please link to the VA rule that says this.

 

7 hours ago, broncovet said:

I think the law should be you have a RIGHT to the c and p exam, but that is not how its worded.   

please link to what law  or rule you are referring to that says the VA owns the C&P and does not have to let the veteran have a copy.