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

[tssnave]

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 April 19, 2007 by tssnave

[carlie]

I thought I posted that real clear - yes someone can go in with you - no you can not tape

the C&P.

jmho,

carlie

[tssnave]

Mountain Tyme,

Thanks for the links. I wasn’t able to find the patients rights for my VAMC but I got their phone number so I’ll give them a call in the morning and ask them to fax it to me. I have looked at several other VAMC’s Patient Rights and you’d think the VA would have one universal Patient Bill of Rights. The VAMC in Columbia SC states you have a right to “participation in all aspects of your care with a family member or health care agent (if desired), which includes resolving problems or ethical questions about your care.” Hopefully this is a VA standard.

Josephine,

It is because you let us know how the VA refused to let your husband be in your second C&P that I want to get verification of my right to have a my spouse with me now in case they pull a second C&P on me after I submit my IMO. Thanks for sharing your story with us. It helps others know what pitfalls to look out for.

Pete,

Good for you for standing up for yourself, especially in such a stressful situation. Why in the world would they have you go before a panel of 3 shrinks? With the shortage of doctors, especially psychologists in the VA I am amazed that they would use their resources like this. My C&P exam was a one-on-one situation and that was bad enough. If they put me in a room with 3 shrinks I would have had a melt down right there. BTW, if you’re rated 100% + 30% does that mean, in VA math, that you have a composite rating of 70%? ;-)

Carlie,

Your first reply had to do with RO hearings and my query is about C&P exams. Since these situations could be covered by two different (and differing) regulations, your first post, while clear, didn’t specifically answer the question I was asking. However, it is still good information to know about RO hearings.

Bob,

Looking forward to hearing what you dig up. Keep us all posted.

Thanks guys, I really appreciate the help!

TS Snave

[carlie]

tss,

Here's a precedent setting opinon of the GC - that disallows attorneys and the use of a Recording Device at a C&P. If the claimant says, if I can't have an attorney with me and I can't record the exam -- then I will not have the exam. Then the claimant will be labeled by adjudication as Failure to Submit for an exam.

http://www1.va.gov/ogc/docs/PREC_04-91.doc

As I said before - you should not have a problem taking a person into the C&P with you as long as you ask for them to be in there with you and give your consent.

carlie

[Pete53]

TSS:

I am rated 100% for Panic Disorder with Agorphobia and Major Depression. The 30% is for Pes Planus of Flat Feet.

Not only was it a panel of three shrinks the panel was 3 Dallas VA Shrinks who had never seen me. Lucky for me my shrink was considered the best at Dallas VA so how could they go against him.

The reason that the RO in Dallas did the panel is my Outside Medical Opinion conflicted with the first clerk at the VARO in Waco's Medical Opinion.

Today I am grateful as by the time I met this panel I knew that the Personality Disorder that the VARO diagnsed was not correct and the Medical Board laughed when I asked them how they got that opinion.

My shrink at the VA in 1991 used to tell me that I was textbook panic disorder and actually made two films of me to show Medical Students how to diagnose panic. I can look back at this somewhat dettached today but it was hell.

Learning as much as you can about your illness is a big help. I learned on Prodigy Internet Medical Chat that I was not unique nor crazy. I also learned that most Doc's do not understand or know a dern thing about Panic.

[betrayed]

You can bring a tape recorder, I would recommend small digital recorder as long as u dont get caught!

I Take the 5th.

You get your spouse a medical power of attorney and put it on file with the hospital (VAMC) it helps in allot of areas, including getting out of the pysch ward when your being held against your will.

[tssnave]

Carlie,

PERFFECT! Thanks for going the extra mile and finding this out for me and sending the link.

Could you tell me how you went about finding this information? What search words you used and where you looked? I am trying to learn how to better find out information and would appreciate any help you could lend me under the old "give a man a fish and he eats for a day, teach a man to fish and he eats for life."

The way I read it, they could, by regulation, refuse to let my spouse in the C&P exam room with me. Do you read this the same way?

"9. Turning to relevant VA statutes and regulations, we note that there is no provision in title 38, United States Code, or in VA regulations, specifically granting a claimant the right to have his or her attorney, or other representative, present during a medical evaluation."

Thanks again for finding this. I really appreciate the help.

ts