C&P Exam QTC Doctor didn't turn in results

[IndySam]

Hi Everyone 

I filed my claim in February and did my mental health C&P exam in March with a QTC doctor. I have been checking on the status with the VA and thought it was slow... trying to be patient. I guess I didn't understand the VA was saying that they hadn't received my C&P exam results. So in June when the VA told me explicitly, the VA said I had to call QTC to find them myself. Apparently, QTC could not get a hold of the Dr and sent me a letter that they would be doing a desk review of submitted medical records (VA and civilian?).

Is that ok? Will this help or hurt me you think? I feel annoyed that the VA didn't figure this out.

 

Thanks!!

Sam

[broncovet]

There are at least 3 ways to get a copy of your records:

1.  Yes, you can go to your VA medical center "release of information office", and at least some of the time, your c and p exams will be associated with your VA MC records.  No, I can not promise this will always work.  However, I walked out with a copy of my C and P exams in minutes this way.  

Unfortunately, when VA pays for your exam, they have control over your records, and they CAN (but not necessarily will) prevent you from seeing your c and p exam "at least" until you appeal a denial to the BVA.  

The VA has lots of discretion over whether or not to release your QTC c and p exams, unfortunately.  

2. THE WORK AROUND:  Sign on with a VSO who has VBMS access.  (Many do, some do not..you can ask that question before signing your POA to them).   Once you can see your VBMS records (at your VSO office), he may be able to print those or burn it to a CD or jump drive.  So, you have a copy of your electronic VBMS records.  This should be the same thing the rater sees.  This would give you as complete of records as VA has.  

3. If you can not get a copy at your VAMC, and you also can not/will not sign up with a VSO with VBMS access, then you can still request VA send you a copy of your records.  

4.  Lastly, if you lose at the BVA, you can enlist an attorney to represent you at the CAVC and your attorney should be able to obtain a copy of your records.  At the CAVC level, generally the EAJA will cover your attorney fees.  This method often takes a very long time, because you wait until you have a BVA decision, which can be years.  I use it as a last resort, however, I found many records in my file I had no idea that were there, and you should use this method regardless, "unless" you get a favorable result earlier and you may never have to do this.  

Edited June 19, 2023 by broncovet

[brokensoldier244th]

When we are waiting for exams from a provider we aren't calling them. They all have their own direct portals to upload those records. Until it goes over at least 30 days, usually more like 60, we don't contact the vendors to track them down. 30 days is the legal minimum that we have to wait, on average it is longer than that, especially if it is a vendor in a highly populated area with more veterans. 

QTC wouldn't be reviewing anything- they have no say in how your case is adjudicated. All they do is the examination report, and upload. That's it. If there is a 'review' of some kind going on it is happening on the VA side, either they are re-requesting the records from the provider, or they are ordering a new exam based on the information on record (so you don't have to go in again for the same thing). I haven't had a situation where the contract examiner no longer was around, the records they would have created would have remained the property of the contract vendor not the doctor, so even if the doctor disappeared under a bus tomorrow their workload would still remain with (in this case) QTC. Sometimes, though, yes, we suggest that you approach them to request the records- its often faster than if we do it, though that doesn't mean that they aren't still being requested from our end- it just means that you, as the veteran, sometimes carry more PR weight than WE do and if you call and complain you'll often get more action out of it than we would. 

[brokensoldier244th]

https://www.va.gov/disability/va-claim-exam/#:~:text=You can't get the,VA Form 20-10206).&text=You can submit the form by mail or in person.

[pacmanx1]

Contract (QTC, LHI, etc...) C & P exams are controlled and managed by the VA Regional Offices. Typically, veterans would have to request a copy of their Contract C & P exams through the regional office by filling out and signing a FOIA form and the VA regional office would then send them a copy but most likely the processing time would catch the request and the veteran would not get a copy of his/her exam until after the VA makes their decision.

When I contacted the VAMC, I was informed that they could not give me a copy of my contract exams because the request had to go through the regional office. This is totally different then requesting a copy of your records. This is a request for a copy of your Contract C & P exam. You can contact your local VA regional office to schedule an appointment to go and pick up your exams. Regular C & P exams should still be able to be released by your local VAMC.

[Guest]

I did a request here at the Lincoln regional office and it took 6 months to get the CD with my exams on it.  Just a heads up it will take some time

[IndySam]

3 minutes ago, brokensoldier244th said:

When we are waiting for exams from a provider we aren't calling them. They all have their own direct portals to upload those records. Until it goes over at least 30 days, usually more like 60, we don't contact the vendors to track them down. 30 days is the legal minimum that we have to wait, on average it is longer than that, especially if it is a vendor in a highly populated area with more veterans. 

QTC wouldn't be reviewing anything- they have no say in how your case is adjudicated. All they do is the examination report, and upload. That's it. If there is a 'review' of some kind going on it is happening on the VA side, either they are re-requesting the records from the provider, or they are ordering a new exam based on the information on record (so you don't have to go in again for the same thing). I haven't had a situation where the contract examiner no longer was around, the records they would have created would have remained the property of the contract vendor not the doctor, so even if the doctor disappeared under a bus tomorrow their workload would still remain with (in this case) QTC. Sometimes, though, yes, we suggest that you approach them to request the records- its often faster than if we do it, though that doesn't mean that they aren't still being requested from our end- it just means that you, as the veteran, sometimes carry more PR weight than WE do and if you call and complain you'll often get more action out of it than we would. 

Cool, thanks for the info.. I will double-check the follow-up letter QTC sent me this month about my exam and post it. Maybe I didn't understand it.