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If a C&P exam is a medical exam

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Remisdad

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19 minutes ago, Remisdad said:

Shouldn't it be in medical records that I can access on va.gov?   My request for a copy of my C&P exam has been in evidence gathering for 6 weeks.  What the hell is there to gather?  

If you are referring to a VAMC C & P exam, then it should be in your records at the VAMC, and you should be able to print them up in myhealthyvet.com under the blue button.  If you are referring to a Contracted C & P exam, then those exams go back to the VARO, and they will not release the exams until after they make a decision. It normally takes about 8 weeks, but the VA log your request as a claim for FOIA and not just a request for your exams. 

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2 hours ago, Remisdad said:

It's a contract C&P exam but it's still a medical record. At least in my opinion. Next Thursday will be 8 weeks since I faxed in my request. It's just a way for the VA to delay your claims. I understand what you're saying I guess I'm just venting. 

I just recently went through this, this past month. I requested a copy of my LHI C & P exam a week after my exam, but the VA refused to release a copy of the exam. The VA waited until they made their decision before sending me a copy of my exam and then they completely ignored their own examiner's opinion. 

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Hi I don't know where you live but for me in Oklahoma we have a VA Office in the Federal building downtown...soon as I get a decision I go there and ask for a copy of the decision and C&P exam.  Takes me 5 minutes and I have both normally on the same day I get notice of a decision if its during business hours.  If not, I go get it the next day.  

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pawmbi That is really interesting. You are talking about a C&P exam that is not performed at the RO but at one of the subcontractors correct? They can provide timely if it was done directly by the VA. I'm not sure why it is a different standard. VA "rules" I guess.

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1 hour ago, GBArmy said:

pawmbi That is really interesting. You are talking about a C&P exam that is not performed at the RO but at one of the subcontractors correct? They can provide timely if it was done directly by the VA. I'm not sure why it is a different standard. VA "rules" I guess

This is just the new way that the VA is trying to paint a veteran’s narrative of his/her claim. As I always stated and IMHO (IN MY HUMBLE OPINION), a veteran should always have a diagnosis, treatment records and a nexus prior to filing a claim and definitely before going to a VA Contracted C & P exam or a VAMC C & P exam to prove that the veteran should be service connected for his/her claim. For whatever reasons claims are denied but if the veteran already has the Caluza Elements, it would be very hard for the VA to deny his/her claim. Instead of being hit with a denied claim, hit the VA with the Caluza Elements and make sure they get the effective date right the first time.

Contracted C & P exams are considered VARO property and they will only release these documents when they choose, and the VA make sure that the Contractors do not give the veteran a copy of them because it is part of their contract. Veterans have to request a copy of the contracted C & P exam from the VARO, and they log it in as a claim making it take even longer to copy and send out. The only bright light that I see is that all of the Contracted C & P examiners opinions do not always match the VA’s narrative. Meaning, a veteran that is well educated in his/her claim and the evidence of records can prove not only to the examiner but to the VA that the veteran should be granted his/her claim. Doing your homework can really pay off.

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