Filed NOD & DRO hearing

[Jimmer]

Hi Guys, I appreciate all the hard work you have done, and you have helped me out  a few times, and I have been successful, so a great deal of thanks.  which I really appreciate.  I have a situation, I don't know if I explained it in detail, but here goes.   I had filed a S/C for my back and diaphragmatic paralysis of my left lung.  This was done in 2014.  Shortly after sending all the information  a had a C & P exam.  After waiting several months I contacted the V.A.  I then felt I was "stonewalled" with bogus information, etc.  Finally after reading some of the comments hers, I sent a e-mail to R.  Macdonald.  Within a week, I was contacted by a RO out of Phoenix (my home town)  She said she was working on my case, and would try to get it resolve quickly.  The only thing she need was updated DBQ's new letters from the doctors, because the info was more then six months old.  I send the info to her certified mail.  All of my correspondence with her was with e-mail.  She said I didn't need another C & P exam.  About 10 days later  I received a call for a C & P exam. I tried to contact the RO but to no avail (She had been transferred from Phoenix to San Diego).  The VA doctor denied my claim, but told me to file an appeal because "I had strong evidence and should win on appeal".  He said he denies everyone, and is a popular doctor at the VA.  I immediately filed a NOD, and had a DRO hearing March 2016.  I haven't heard anything yet, but because it is almost a year, I feel less and less optimistic.  What is my recourse, if denied by the DRO.  I thought I presented a very strong case.  But I feel the denial by the doctor may hurt me.  As I said I do have in writing from the RO that I didn't need another C & P exam, but I went to it, because I realize what would happen if I didn't show up.  Would I be able to file a CUE if denied?  Thanks for you help, sorry this is long, but I wanted to get all the info to you.  Thanks

[pwrslm]

File a complaint with the Dr's state (licensing board).  The fact that he claimed he denied everyone can be validated by his record.  The fact that he said he reviewed your evidence should be verified in the DBQ. Your evidence should have been in your records and when he stated he reviewed them, he should have given you a competent recommendation...  I am assuming that there were indisputable facts in your VISTA/CPRS history that he identified.  When he states that he reviewed those records, and fails to account for what they contain, then provides a negative report, the man is guilty of a crime. He can also lose his license.

(Falsification of medical records is a felony. When you falsify medical records, knowingly and unlawfully for the purpose of (fill in the blank), you may be charged in court for felony. The potential penalty for this is usually a maximum of five years in prison, or a $250,000 fine.  )

Report the guy to the IG as well, the IG is responsible for investigating crimes committed by Federal Employee's.

Edited February 21, 2017 by pwrslm

[Berta]

"The VA doctor denied my claim, but told me to file an appeal because "I had strong evidence and should win on appeal".  He said he denies everyone, and is a popular doctor at the VA.  "

That is an extraordinary breach of ethics in my opinion.He won't be so popular if you report him.

I wonder how many other vets he screwed.

 "As I said I do have in writing from the RO that I didn't need another C & P exam, but I went to it, because I realize what would happen if I didn't show up." Put that evidence in your complaint. 

Yeah I bet he IS popular at the VA (meaning the VARO)- he makes their job easy .

I agree with the advice above and I also suggest you send the new VA secretary a complaint, or email him. I posted his contact info here three times so far.It is searchable,.

[Jimmer]

 

[Jimmer]

Thank You,  pwrslm and Berta for the info.  I certainly will report the doctor.  I felt it was a waste of time to see him.   He said things like "gee, you are worse off then the previous test showed".  And then stated ," I deny everyone, because I am a stickler for absolute details".  Then he told me to file an appeal, and that I had an excellent chance of winning, I was floored.  You are absolutely right, he probably has put many other vets thru hell, forcing them to appeal.  I bet some have even giving up.  I have his name, etc. as I did get a complete copy of the C & P exam.  Thank you once again for your advice.