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Can You Bring Your Spouse & Tape/video Recorder To A C&p Exam?

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tssnave

Question

Does anyone know if there is a regulation, training letter, SOP, or other documentation that either allows or prohibits a veteran from having another person such as a spouse present during a C&P exam?

Are there exceptions in the case where the disability (like a mental condition or physically incapacitating illness) makes it difficult for the veteran to advocate for themselves?

Is there a regulation, training letter, SOP, or other documentation that either allows or prohibits a veteran from tape recording or video recording a C&P exam?

I thought about calling and asking the patient advocate at the outpatient clinic that did my C&P exam but given some of what I’ve read on hadit I thought I’d run it past the members here first to see if anyone could give me the straight skinny along with what and where I could find the governing regulation.

As always, thanks for your assistance.

ts

Edited by tssnave
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2006 VBM p.902 Section 12.9.3 - The setting for RO Hearings and how they are conducted.

"No one other than the decision maker conducting the hearing, a VA employee to run a tape recorder, the claimant and the claimant's witnesses is allowed in the hearing room unless the claimant consents to his or her presence.

**Advocy tip** If a claimant is particularly anxious about appearing at the hearing it may be a good idea to bring family or friends as moral support. The claimant has the right to have persons attend the hearing as observers in addition to those who will testify.

Please consider this as only a brief excerpt from the VBM.

jmho,

carlie

Carlie passed away in November 2015 she is missed.

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Carlie,

Thanks for the citation and information on tape recording a hearing.

Do you have any information on tape recording a C&P exam?

Thanks,

ts

Yeah this is the second time I have run into this question this week... so I'm going to do some research into it.... I dont see how it could be illegal if you informed them you wree taping the procedure, but... the VA is a law unto itself, and I want to make sure its not stated that you cant.... expect a reply by tomorrow if possible

Bob Smith

Bob Smith

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  • HadIt.com Elder

I would be most interested in any written citations or regulations governing C&P's. I know that I went before that board of two psychiatrist and my husband was not allowed to be present.

I was told by the Patient Advocate that it was the progative of the two psychiatrist for him to not be present. " I wonder Why?"

What a "Hoot" it turned out to be.

I placed a complaint with the Regional Office and the VAMC and the patient advocate

I asked for 9 months for another C&P.

This did not happen.

I have versed my opinion of this to the BVA.

Eventualy someone will listen to me.

Always,

Josephine

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Each VA facility will have there Patient rights posted...this one is for a patient/nursing home

http://www1.va.gov/vhapublications/ViewPub...asp?pub_ID=1515

Then go to this site to find your local VAMC patient rights index

http://www.index.va.gov/search/va/va_searc...+patient+rights

also here is the VHA Patient Advocacy Program (PDF)

... patient rights and responsibilities, and the appeals process afforded veteran patients as ... have the right to file a complaint regarding VHA privacy

http://www1.va.gov/vhapublications/ViewPub...asp?pub_ID=1303

You as a patient have a right to have some one present during a medical exam unless it is an emergency situlation...but for a c/p exam esp. a mental health one the patient has the right to request a spouse or family/friend to be present to observe.

hope this helps

MT

Edited by mountain tyme
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  • HadIt.com Elder

My wife went to every C&P Exam I took except the first one in 1992.

I was supposed to see a panel of shrinks 3 and they got testy but relented when I told them that no wife and no exam.

Later in the report they commented how much I needed her.

Veterans deserve real choice for their health care.

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