c&p and covid-19

[dodger]

does anyone have a link to what VA's position on C&P exams during this pandemic?

[GBArmy]

I would also add to drill down. If they say yes they have your info, re-word it to ask "so you saw that x,y, z is in there. What do you think..." Like Buck said, be sure they have read it if it is key evidence. 

[brokensoldier244th]

This is good advice. The exams are done by the Examiner based on how they were entered into the original request from VA VSR. IF the VSR did not include all contentions. for example, then the examiner has no idea that it is needed- they work off the request as submitted. A missing DBQ or contention can be corrected, but it takes longer overall if its not done right the first time. The contentions used to create the exam request come from whatever you submit to VA.

It doesn't have to be medical terminology, but you have to be specific enough so that the VSR knows what to assign you. If you have having PTSD issues, for example, say that, don't just say that you are having depression, etc- that's a separate type of exam. PTSD for example is routed to an expedite group that pretty much only works with PTSD and Sexual Trauma. If you are claiming an increase for PTSD but say 'depression, etc' it won't get routed correctly. If you suspect something that you have that is not SC, then say that, because otherwise the person on the other end won't know to include it for an exam for it. 

[marathonjon]

As of May 28, 2020, "VA resumed in-person C&P exams in locations where it was safe to do so," which is almost the entire country (https://benefits.va.gov/compensation/claimexam.asp). This seems to apply only to contractors, though, as I had a telehealth C&P exam done by one of my local VA clinics on July 16th. I was concerned about this because it was for a muscle condition - how could they evaluate strength or ROM by video? I was right to be concerned, that but's a different story. What I'd like to share here is what I found in researching telehealth C&P exams. 

In addition to C&P telemental health examinations, there are 29 conditions "potentially suitable for being completed using clinic-based telehealth technology for disability examination purposes" (See DMA Fact Sheet 20-002, attached). Notice that none of the conditions are for joints or muscles that require ROM measurements using a goniometer. These exams are supposed to conform to all the other requirements of C&P exams, as well as the VA's telehealth guidelines, which includes the requirement for the examiner to notify the veteran they have the right to opt out of the telehealth exam and receive an in-person exam.

References:

1. Telehealth for Compensation and Pension C&P Exams DMA Fact Sheet 20-002 dated March 25, 2020. (attached)
2. Telemental Health Disability Examinations Memorandum of Agreement (MoA), dated May 5, 2011, posted on DMA website: http://vaww.demo.va.gov, in the Policy and Procedures tab, under the Disability Program Announcements and Information link. (attached)
3. Telehealth Memorandum of Agreement (MoA) dated September 16, 2013, posted on DMA website: http://vaww.demo.va.gov, in the Policy and Procedures tab, under the Disability Program Announcements and Information link. (attached)
4. DMA C&P Disability Examinations Procedure Guide [I think this is the 2018 Clinician's Guide, which I uploaded in a separate post]
5. VHA Connect Care/Telehealth Manual, Telemental Health, Primary Care and other Specialty Supplement and resources available on VHA’s Telehealth Services website: http://vaww.telehealth.va.gov; click on Resources, then click Document Library under Tools.
6. VBA M21-1, Part III.iv.3.D.2.c. Telehealth and Telmental Health Examinations

I obtained copes of 1-3 through FOIA; #3 is missing the attachment, but it was superseded by #1 anyway. #5 would be good to look at - does anyone have it?

Compensation and Pension (C&P) Telehealth Disability Examinations VHA-VBA Memo 20130822.pdf Telehealth for Compensation and Pension C&P Exams DMA Fact Sheet 20-002 20200325.pdf Telemental Health Disability Exams Memo DMA-VBA 20110512.pdf

Edited August 8, 2020 by marathonjon

[Buck52]

marathonjon quoted

''As of May 28, 2020, "VA resumed in-person C&P exams in locations where it was safe to do so," which is almost the entire country''

do you mean like they conducted these C&P EXAMS via teleheath vedio ? at your place of residence?

you are correct as for as measuring ROM but they can ask questions and come to their own conclusions as to how to write up their report  its not going to be a fair exam.  (jmo) but as always we all have to wait and get the exam report to see what all they wrote up.

[marathonjon]

@Buck52 Yes, I was at home and the "exam" was conducted by video. The doctor asked me some questions about history, functional impact, etc., and based the rest of his DBQ and opinion partly on an independent medical exam that I obtained (I already have a copy of his C&P exam report). I say partly because he cherry-picked the parts he could use to justify denial of service connection and ignored the rest of the IME's opinion. He even made up a few things for good measure that he neither asked me about nor took out of my medical records.

[USMC_VET]

On 4/8/2020 at 6:00 AM, Buck52 said:

 Note*

If a veteran gets a call for a C&P Exam  done over the phone  be sure to ask the examiner if they got all your evidence, if he/she says yes its in the computer  ask if they have what you have? in other words make darn sure they read  or have all your evidence you submitted.

So i sent in my supplemental back in April, it ended up being granted but i had two NP's do "reviews" of my claim and ask some questions, the last one i specifically asked if she had seen any of the evidence i submitted (IMO, sworn declarations, etc) & my entire C-File, she specifically said "no" i asked as well whether she had seen i was claiming OSA secondary to PTSD vice direct she said no that it was just a C&P records review for OSA on its own.  I didnt get mad at her and answered the questions but sent an angry message via IRIS to the VARO.  the regional director (supposedly) messaged me back months later stating that the person was given all my submitted and that the reviewer had checked the "yes" box on reviewing my cfile and relevant records.  now i dont know if she lied or if she was prompted to do so after the fact since i brought it up. So my claim was decided in my favor, but it does bother me that the VARO will tell me that she saw everything i submitted when i specifically had asked and was told no.