Records Retention by C&P Examiner

[Navy_Vet]

I have been told that a C&P examiner can retain only a limited amount of information.  What information may be retained and where do I find such a rule (e.g.: "M21-1 Adjudication Procedures Manual").

Thank you in advance.

[brokensoldier244th]

By whom? They don't retain anything. They do the exam and then send the exam forms to your CFile. 

[Dustoff1970]

In many of my C&P exams for past 30 years the examiner did keep copies of my medical evidence for their later review.  Both VA and contract examiners.  This got me 70% for ptsd and tdiu also 60% for Gerd (recent) and 10% for tinnitus (recent), etc.,.  They either read my evidence at the exam and returned it too me in the office or kept it for later review. 

All they can do is say no and you have nothing to lose by offering what evidence you have for them to see.  Bring copies only as they may keep your medical documents.

It is their choice to accept or not your documents. Don't believe BS on other forums that say they will not see or keep your evidence.  Some will and others will not.

A racist biased VA examiner in past several years did refuse to look at my evidence and ruled against me for OSA Sleep Apnea and increase in Heart disease but the wonderful BVA judges overturned his sorry opinion against me on both my appeals and granted me 50% for OSA and 60% for Nam Agent Orange Heart disease that automatically qualified me for additional SMC-S monthly money with 5 years back pay.  They probably knew his history of racism against vets like me.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

 

 

Edited December 15, 2023 by Dustoff1970

[broncovet]

Welcome to hadit! 

Two of our best have responded to your question, but I will add my 2 cents:

"IF" VA has such a manual "for the exclusive use" of c and p examiners, they are not sharing it with us.  There are DBQ's, but Im not even sure those are available publicly anymore.  There are regulations, however, for us: The 38 CFR and feel free to read those.  There is also the M21 Mr's, which is sort of for rating specialists, and we do have some access to those, if you dig deep.   

Generally, the lawyers and judges use the 38 CFR;s and the USC (United States Code).  Rarely will you see the M21Mr cited.  

Part of the reason for this is this gives VA much leeway when there is nothing written down about how soon the Vets c and p exam is released to him, for example.  The VA LOOOOOOVES it when Veterans are in the dark for at least 2 reasons:

1.  It makes the VA look good.  "Oh that is just the regulations, I cant do anything about that.  Its too bad you cant find it."  

2.  It makes Veterans perform worse.  Can you imagine playing in the superbowl, and not knowing the rules of the game?  If you have reached the Superbowl, you probably know those rules inside and out, forward and backwards, and make the best use of them.  

3.  Veterans must be a mushroom, the VA keeps us in the dark, and feeds us BS.  

     The best place to be kept out of the dark is hadit.  We often refer you to the 38 CFR's , to fast letters, to CAVC case law, to law firms, or to our own experience.  

Edited December 16, 2023 by broncovet

[rentalguy1]

8 hours ago, broncovet said:

"IF" VA has such a manual "for the exclusive use" of c and p examiners, they are not sharing it with us.  There are DBQ's, but Im not even sure those are available publicly anymore.  There are regulations, however, for us: The 38 CFR and feel free to read those.  There is also the M21 Mr's, which is sort of for rating specialists, and we do have some access to those, if you dig deep.  "

The only other thing I can think of is the C&P Service Clinician's Guide, and I don't believe it says anything about retaining records.

cliniciansguide.doc (live.com)

[broncovet]

Great post, rental guy!  Now, If you will excuse me, I am going to have a slice of my much deserved humble pie.  

[Dustoff1970]

Broncovet I don't see anything you have to be humble about bro.  Not all folks go strictly by strict rules, regulations, guides, etc., including C&P examiners as I just stated in my above comment based upon real life experience of many years and other many street wise vets have done the same.  A guide is exactly that a Guide and and often ignored by all sorts of people including examiners, VA raters, vets themselves such as me.  Years ago I learned to successfully think outside the box and ignored the advice of biased VSOs, etc. or I would not have chit today.  I don kowtow to anyone.

The few C&P examiners who ruled against me and were eventually overruled by the BVA did not follow proper guide or DBQ procedures and upon request I can give several examples.  The BVA in their decision pointed out what procedures the examiners and VA raters deliberately ignored in their guides and DBQs.

Those were not honest mistakes  as the same bureaucrats make the same "mistakes" year after year after year.

My comment is not legal advice as I am not a lawyer, paralegaVSO

 

Edited December 16, 2023 by Dustoff1970