
The DMA C&P Disability Examination Procedure Manual (Chapter 4, item 3.h) states:
A Veteran has no legal right to record an examination in either video or audio format. A Veteran's recording of an examination is not prohibited; however, it is solely within the discretion of the examiner whether to allow the examination to be recorded.
Some examiners will ask the Veteran as they introduce themselves whether a recording device is being used. If the answer is yes, the examiner decides whether to proceed with the C&P examination being recorded or ask the Veteran to turn off the device before proceeding.
As an examiner, you may stop the examination if you ask a Veteran to turn off the recording device, yet he or she insists on using it or indicates that he or she will decline the examination if unable to record it. You should inform the Veteran in a nonjudgmental way that if he or she is unwilling to proceed without recording, the examination will be returned to VBA with the status of "failure to report."