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.

 

 

[broncovet]

I dont have the link to that law.  However, think about it!   If you own something (as proof you bought and paid for it!), then you have control over it.  Your ownership of your car gives you the right to sell it, trade, it, keep it, etc.  However, if others own the car you are driving, then they have all those rights, and you do not.  

Im not going to debate this, and you dont have to agree.  As the reg cited, we can "request" a copy of the c and p exam, but VA is not under obligation to appreove this "request"...they may approve or deny said request at their own discretion.  While its true you can file a nod to their denail of any such request, but time is on their side, because by the time your nod goes through, the period of challenge to the competency of the examiner will likely have expired.  Its still another VA "gotcha".  

The VA can not compel you to release of your records.  However, if you do not sign a release, they simply deny you on insufficeint evidence to support your claim.  In a similar way, you can "request" a copy of your c and p exam, but the VA can/sometimes does delay or deny your request.  

I got many c and p exams the first time "in the RBA", which was not given to me until AFTER the BVA decision.  Like it or not, VA "controls" our records, including c an p exams, not us.  We can only request they relinquish control to us.  

The VA does the same thing to us involving our medical records and cfile.  We can order a copy of our cflle, but the VA often takes their sweet time to send it to us, or never does.  

We dont have to like it, but there is no regulation REQUIRING VA to send us PROMPTLY a copy of our c and p exams.  We can request it, and they will approve that request IF its convienient for THEM.  

[Buck52]

The patient Dr and the Patient has the right to any medical document. just those two people,,,but a Dr can't go into the patient file without the consent of he patient, but for the patient  they should be able to get any medical documentation they want to include exams, Dr Notes, or just regular health check ups....this is our body were dealing with and the law is pretty strick and clear who gets what or who sees what.

[broncovet]

Just remember the "Golden rule"...the guy with the gold makes the rules.  When we buy our own IMO, and pay for it, we get to decide stuff relating to it.  

[Berta]

This subject came up here many years ago and here is one of those posts:

As Carlie said- the VA would withhold any C & P exam done by a contractor until they make a decision on the claim.

It has been SOP for years, unless VA has changed that - maybe it is in M21-1MR-

In any event Chris Attig and other vet lawyers have some good advice on C & P exams:

https://www.veteranslawblog.org/va-cp-exam/

The actual C & P exam results should come with any decision.But they dont.

I have decisions whereby the VARO manipulated the actual exams.

This whole area of adjudiation has to change.

As Chris Attig states above, and I ad others have said here here before-the C & P exam controls the claim.

The actual exam---- my VARO left out a few words at the end of a C & P exam-in 1997 to deny my claim- and never gave the examiner the actual evidence the words the examiner  referred to.They tried to deny the claim again but y Jan 1998, they awarded. (The award contained many CUEs since rectified- only one more to go-)

We need to hear from vets here who had a contracted C & P and how long it took them to get a copy of it-and if they got a copy before or after the VA decision came.

The response periods to SOCs is not really long enough for any vet to obtain a costly IMO/IME, in most cases to combat a lousy contractor C & P exam.

And if they only have the VARO rendition of it in the SOC, the IMO/IME doc would really prefer to see the actual exam, and the qualifications of whoever wrote it up.

 

 

 

 

 

[GeekySquid]

2 hours ago, broncovet said:

I dont have the link to that law.

Of course you don;t because it is NOT THE LAW

2 hours ago, broncovet said:

Im not going to debate this,

there is no debate. You believe something that has no provable basis in reality or the law. Yet instead of telling people it is your opinion you demand it is the rule/reg/law. When challenged you stomp off saying "i'm not going to debate this"... then type more stuff to try and defend the indefensible original claim.

2 hours ago, broncovet said:

As the reg cited, we can "request" a copy of the c and p exam, but VA is not under obligation to appreove this "request"..

I don't see you citing a single reg in the thread. which one are you talking about? or is this another one of those things you don't have a link to and refuse to debate?

2 hours ago, broncovet said:

We dont have to like it, but there is no regulation REQUIRING VA to send us PROMPTLY a copy of our c and p exams. 

This statement is an attempt to sidetrack the discussion and cover your refusal to admit that all this is jut your opinion and not the fact you claim it to be.

Not a single person in this thread but you has made any mention of things being PROMPT. That is not the topic or the issue. What is the issue is you are making claims of law and regulation without proof and then saying you can't be bothered or expected to prove what you say. That is unacceptable.

You are incorrect on this issue.

The VA does not have to give a C&P exam, https://www.benefits.va.gov/COMPENSATION/docs/claimexam-faq.pdf

Q: Is everyone scheduled for a VA claim exam?

No, not everyone will be requested to attend a VA exam. After you have applied for disability compensation and/or pension, you may receive a phone call or a letter from VA or a VA partner asking you to come to a claim exam, also known as a C&P exam. If you have claimed benefits based upon several disabilities, you may be a sked to report for one or more exams so each disability can be reviewed by an appropriate examiner. This is a routine request. You may be asked to go to a VA medical center or a VA partner to complete the claim exams. Not every application for a benefit will require an exam; it depends on what medical evidence has been included with the application.

  Once one is done that document becomes part of the patients medical records and HIPAA kicks in.

Your records are your records. For the VA to conceal them from you is a general violation of Federal Law. If there is a specific reason, such as they have good reason to think you will shoot up the VA if you read a negative psych eval there is a process they must go through to conceal that record until you get proper treatment.

Other than that the records are yours, the VA is just the custodian of those records. If you don't request the C&P exam it eventually ends up in your C-File as an automatic insertion. what doesn't automatically go to your C-file are the doctors notes about the exam but you submit and FOIA and you get them.

You don't have to debate anything with me, but when you make unfounded unproven claims you can bet you will be asked about it and asked to prove it. You have the right to say what you want but you don't have the right not to be called on the carpet for saying it.

[GeekySquid]

2 hours ago, Buck52 said:

The patient Dr and the Patient has the right to any medical document. just those two people,,,but a Dr can't go into the patient file without the consent of he patient, but for the patient  they should be able to get any medical documentation they want to include exams, Dr Notes, or just regular health check ups....this is our body were dealing with and the law is pretty strick and clear who gets what or who sees what.

correct. HIPAA and several other laws make it clear our medical records are our property.