Denied Use of My Notes at C&P Exam

Hi all,

I had my MH C&P exam today. While we were getting started with the exam, I brought out my notes as I tend to forget things when l'm anxious and have serious memory issues. When the examiner saw me bring out my notes, she asked me to hand her my notes and told me that I could not use them for the exam.

This kind of immediately made me panic as I was really relying on these notes to make sure I acknowledged everything that I’ve been dealing with during my service.


Has this happened to anyone else?
 
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jollygreenzz said:
Hi all,

I had my MH C&P exam today. While we were getting started with the exam, I brought out my notes as I tend to forget things when l'm anxious and have serious memory issues. When the examiner saw me bring out my notes, she asked me to hand her my notes and told me that I could not use them for the exam.

This kind of immediately made me panic as I was really relying on these notes to make sure I acknowledged everything that I’ve been dealing with during my service.


Has this happened to anyone else?
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Wow! That is BS! Its standard practice to bring in notes if you have memory problems or crippling anxiety. I have heard of it happening but its not a VA rule.
 
Yeah that makes me sick to my stomach!!! Complete BS!! Before my MH C&P exam. I spoke with my therapist and she helped me with making notes on things I wanted to make sure to discuss!! You should not have had to turn in your notes. Hopefully you took that persons name down. I would take it up with your MSC REP and let them know what all took place. I am really sorry to hear that happened to you know. Try and keep your head up. Feel free to shoot me a PM if you got questions or need to vent!!!
 
I would file a complaint with the examiner’s company.
 
And ask for a re-examination by a different examiner.
 
That is terrible. I’m cognitively impaired. I have a spinal cord injury, 6 tbis , and neurological problems. They sent me to neurosurgeon just for tbi. I also can’t remember what I’m doing there. The provider wasn’t given any mris or notes from my record. They were just told about one. What do I do? I can’t even reach out to my peblo because she doesn’t even respond to my emails.
 
@jollygreenzz

Full disclosure: I was a Marine JAG (Deputy SJA for Camp Lejeune), Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases.

Your MSC should assist with filing a formal complaint with the VA. Formal complaints go a long way with adjudicators because liars and frauds are loathe to put their misdeeds in writings. Also, if your C&P comes back and it is totally inaccurate, you can file a VA 21-4138 "Statement In Support Of Claim", and explain what happened and submit evidence.

Hope this helps.

S/f,

Joel
 
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