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Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

I do not want to start any trends so, I thought about not asking this, but it is kind of important.I just had my C and P for my IU claim, it was the "physical" portion of the C&P. I have serious...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

Dust,I think it is good advise for those who live in states that allow it to record their exams. Think of how many have memory recall problems who don't write things down or record things. On the flip...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

dust4tears wrote: I do not want to start any trends so, I thought about not asking this, but it is kind of important. I just had my C and P for my IU claim, it was the "physical" portion of the...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

dust4tears wrote:I do not want to start any trends so, I thought about not asking this, but it is kind of important.I took my magic pen to my C&P. I didn't tell the examiner I was recording....

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

HELD:   Neither the Constitution, the Administrative Procedure Act, nor VA statutes and regulations provide a right to counsel at medical examinations scheduled by VA for evaluation of beneficiaries,...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

Federal Law applies. Plus M21-1MR instructs : A veteran has no legal right to · be accompanied by counsel during an examination, or · record an examination.

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

carliecash wrote:Federal Law applies. Plus M21-1MR instructs : A veteran has no legal right to · be accompanied by counsel during an examination, or · record an examination.But what does the federal...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

carliecash wrote:Federal Law applies. Plus M21-1MR instructs : A veteran has no legal right to · be accompanied by counsel during an examination, or · record an examination.That says I cannot refuse...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

If your married, just have your spouse come in on the C&P. Worked for me.

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

Eagle 1 wrote:If your married, just have your spouse come in on the C&P. Worked for me. Doesn't help when the examiner tosses her out, and then lies about everything on his report.

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

Truckmaster wrote: Doesn't help when the examiner tosses her out, and then lies about everything on his report.That never happened to me and my wife, and I have had 6 C&P exams. The examiners...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

This is a Federal proceeding and the Federal Rules of Evidence apply, not what State you are in.  While your State allows you to record the conversation, it cannot compel the Federal government to...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

dust4tears wrote:I do not want to start any trends so, I thought about not asking this, but it is kind of important.I just had my C and P for my IU claim, it was the "physical" portion of the C&P....

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

My VSO almost S*%# a brick when I told her I had recorded my last C&P...mine was video.Totally different from the actual C&P report he submitted. I won at the BVA level without the taboo...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

ibjammin wrote: My VSO almost S*%# a brick when I told her I had recorded my last C&P...mine was video.Totally different from the actual C&P report he submitted. I won at the BVA level without...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

Eagle1 I don't want to step on Dust4tears thread, but the camera was in full view.Kodak Play Sport...looks almost like a cell phone and records in 720p.I have asked several Dr.'s if I can record due...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

ibjammin wrote:Eagle1 I don't want to step on Dust4tears thread, but the camera was in full view.Kodak Play Sport...looks almost like a cell phone and records in 720p.I have asked several Dr.'s if I...

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

I think that if the claimant did not have any legal right to record the C&P examination then the VBA would say it can't be used.

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

Federal Law is "single party consent". FYI

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Re: Question for the Rater(s)..Ok Ill Say it...Q's for Cruiser...

BROVET wrote:Federal Law is "single party consent". FYIIf that IS the fact of law, then the recording itself is okay. Charliecash: the rules you posted says that I do not have the legal right to...

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