Veteran Affairs changes the rules for C&P Exams

Rightardia is starting to get reports that the VA is denying C&P progress notes to vets because some of the notes have created 'legal problems' for them because they were incomplete.

This means the FOIO request in the VAMC may not be enough to get your progress notes. You may need to file a Privacy Act Request as well. The Privacy Office is usually in the VARO.

We have also heard that the new VA regulations will eliminate the use of lawyers in some situations.

We think both ideas are bad. Often VARO makes its decision within two to three weeks after the C&P exam. You cannot reclama the exam if you cannot get access to the C&P notes in a timely manner. 

We would like to hear from our readers on this subject.

The proposed regulation on  Service-Connected and Other Disability Compensation; Proposed Rules Part 5 appeared to positive changes and it that reflected current court cases.

We also found in the future that a veteran may  request that a C&P report be amended.

A request from a Veteran to amend a C&P examination report must be in writing and submitted to the Privacy Officer at the VHA health care facility that performed the examination.

Upon receipt, the VHA Privacy Officer, or designee, notifies the VBA Privacy Officer that an amendment request has been received. Amendment requests are processed by VHA for all C&P examinations in accordance with VHA Handbook 1605.1.

VHA uses standard letter templates to notify the Veteran whether the request for amendment has been granted or denied. The VHA Privacy Officer, or designee, forwards a completed amendment packet to the VBA Privacy Officer, or designee. VHA and VBA are both responsible for providing all parties, to whom they have previously released the C&P examination report, a corrected version of the report.

FOLLOW-UP RESPONSIBILITY: The VHA Office of Health Data and Informatics (19F) is responsible for the contents of this Directive. Questions may be directed to (502) 241-2822.

7. RECISSION: VHA Directive 2004-014 is rescinded. This VHA Directive expires
June 30


See source: Proposed new Chapter 5 C&P regulation.

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