I had some re-exams recently...

[awgv001]

Went to the re-exam today for PTSD. Standard questions and explanations, and very intently impersonal.

When I asked about getting a copy of the exam/results, they said that it's considered "forensic evidence" and I cannot obtain a copy of their details or recommendations.

(I've never had an examiner NOT share their opinion's/thoughts in regard to my claim at least verbally, even on negative exams... this is the first time that one declined to answer.

I most definitely want copies of my PTSD and Migraine exams/responses...otherwise, what chance would I have to stand on to fight in the event of an unfair C&P?

Ridiculous.

This is as simple as an FOIA request right? or perhaps in a few (weeks?) it will show up information on myhealth blue button?

Edited February 20, 2020 by awgv001

[Guest]

Before you'll go crazy in trying to help this veteran, there is a law that a physician can with hold mental health records from a patient and his/her representative if the physician believes that the results can harm the physician, the patient, the patients family or anyone. I forgot but the patient would have to legally obtain these records.  These records may or may not be in the VAMC system.  

[awgv001]

Seems like a strange thing, but I guess they have their reasons. I read up the HIPAA information on NOLO in regard to this...

Like...did my examiner feel threatened I wonder?

I realize I look like an angry Neanderthal.

Otherwise, I'm just waiting to see how this issue concludes, and if I have to go through the gauntlet again.

Edited February 20, 2020 by awgv001

[Guest]

One thing that I have learned is that you will never know what is going through someone else mind.  It could be possible that you did everything right and their home was burglarized,  or maybe someone gave him/her a flat tire or maybe the patient before you threaten him, you may never know. Time will tell when your exam comes out.

[Buck52]

I learn years ago never ask the C&P EXAMINER FOR A COPY OF HIS/HER REPORT FROM THE EXAM.

.for some reason or another this pisses off some of these examiners  or the examiners don't know we are entitled to this report,  most examiners just send it back to the VA and then after a few days we can go get copies.

  the contracted Examiners are bad about it  so if they don't know we are entitled to their report   then they make up this ridiculous crap.

[Buck52]

I would not worry to much about it if this happen at the end of the exam  most examiners are writing this report as they talk to us,  he would need to go back and re do everything he said if it was a negative exam.

AND YOU CAN CONTEST THAT IF HE SAID DIFFERENT THINGS IN HIS REPORT  THAT HE DID MENTION TO YOU DURING THIS EXAM.

These contracted examiners have a time line to get their report in after they see the veteran.

  I believe within a 3 days or  week,  but most  send it in ASAP so the VA Pays them..

.I had a QTC forensic exam and the examiner had mention a lot of this to me  she was a private physiatrist in her own Private  Office Clinic.  but she did the exam on a professional level, ask me questions and was typing at the same time. 

she even put in the exam I was prescribe a c-pap Due to my stopped breathing and wife had to shake me wake me...I had mention tat to MH Dr's  so they VA sent me to a sleep study  because of what my spouse mention to one of the VA Phyistrist ,I need a c-pap to use due to the medications I take for PTSD and sleep.

anyway the examiner mention this in her report  I never ask her to....and I never filed a claim for OSA Anyway.....  some examiners will listen to us  and some won't period.

[awgv001]

32 minutes ago, Buck52 said:

I had a QTC forensic exam and the examiner had mention a lot of this to me  she was a private physiatrist in her own Private  Office Clinic.  but she did the exam on a professional level, ask me questions and was typing at the same time. 

she even put in the exam I was prescribe a c-pap Due to my stopped breathing and wife had to shake me wake me...I had mention tat to MH Dr's  so they VA sent me to a sleep study  because of what my spouse mention to one of the VA Phyistrist ,I need a c-pap to use due to the medications I take for PTSD and sleep.

anyway the examiner mention this in her report  I never ask her to....and I never filed a claim for OSA Anyway.....  some examiners will listen to us  and some won't period.

@Buck52 - Mine was also a private office clinic, outsourced to VES by the VA. Everything else was professional IMO, and her response could have very well been appropriate I guess. She paused at one point and had asked me about any other perticular conditions she may need to know about, and I explained to her about the TBI that I was diagnosed for, but even after diagnosis was erroneously shot down by raters AFTERWARD. Regardless of the SC for that, it still does weigh a significant impact on my well-being, which was more of the point, I believe that she was trying to make/understand for her response in the evaluations.

I have never had a sleep study, so I don't know if I have OSA (70% SC for PTSD currently, re-exam complete and awaiting further development ) - but I do have sleep disturbances and wake up at random hours of the night/morning often with dry mouth and headaches...but I also have migraines as attributed by TBI. (NSC yet, but WILL be.)

No doctor in the past had ever referred me to one, and I am still learning about "who to see for these conditions" because it seems that if I don't specifically request them, the exam doesn't happen, despite a mountain of injuries. I don't want sympathy, I need a doctor who will R/O other symptoms to primary injuries

To make matters worse I still haven't had a C&P for TBI and secondaries, and my claim now awaiting VLJ at BVA (had all caluza elements in tow before it was sent up there).

I'm getting treatment, some of my injuries have worsened while waiting for my appeals to resolve...but since it's not service connected...

How do we deal with (currently NSC, but will be some day) injuries pending adjudication that worsen while waiting for them to straighten out the first claim before proceeding? would it then become ANOTHER claim!?

I may answer my own question here, but it seems to me that the medical evidence would suggest that once service connected, the treatment records showing the criteria for the next higher rating would take place and should have a date effective to the month after such...In a perfect VA world

 

Edited February 21, 2020 by awgv001