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Va Dr. Statements ?

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vperl

Question

Is there a policy that VA Dr. or PA's cannot give written statements to Veterans hunting and asking for proof of a valid VA Disability claim.

I have had both my VA PA and my Cardiac Doctor seem very hesitant to write a statement that I could use in my AO IHD presumptive claim.

What is going on, or is it a case by case decision made by the different Medical people at the VA.. with no policy for or against writing a supporting claim statement.

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The VA Docs who have been there fear the repercussions if they help Veterans with claims.

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If I understand the postings.....

step one... Tell your VA Health provider that you want them to describe the conditions you have

for the diagnosis of IHD and the connection of the tests done to make a Diagnosis of

IHD, in your patient file, ask them to do this, seems they are required by statue..

step two, file a ROI get that part of the file and use the information as part of your medical proof.

step three..... hope & Change... ( Whoops, just kidding)

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  • Content Curator/HadIt.com Elder

Regarding the underlined portion below:

I have non-SC GERD. I have SC TMJ. The VA has given me NSAIDS for 15+ years to treat my TMJ.

I ask my VA doc about the link between the two conditions and the meds. He says that long NSAID use caused my GERD.

I ask my VA doc to document it in my records. He says he will.

I sign the ROI form and get my records.

The only thing it says about reflux is that I have GERD.

Based on what is written here, he left out a lot required by the 'must' statement.

It looks like they require the doc to comment only on "current status of condition", "prognosis", and "degree of function", not about the etiology (i.e. the nexus)....

Am I correct about this?

VHA DIRECTIVE 2008-071

October 29, 2008

3

recording any observations on the current medical status of the veteran found in the medical record,

including their current functional status. All pertinent medical records must be available for review by VBA. NOTE: VHA continues to provide compensation and pension (C&P) examinations and reports as requested by VBA, as part of any new disability claims or review process.

(2) Requests by a veteran for assistance in completing a VA disability claim are to be referred to VBA through official channels; however, the clinician, if requested by the veteran, must place a descriptive statement in the veteran’s medical record regarding the current status of the veteran’s existing medical condition, disease, or injury, including prognosis and degree of function. This may then be requested by VBA for the purposes of making a claim determination.

5. REFERENCE

a. VHA Handbook, 1605.1.

b. Title 38, CFR 17.38 (a) (1) (xiv) “Medical Benefits.”

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Seems like since most goto VA medical folks, we the Veterans cannot get any real help from them, unless you insist that the

attending PA or Doctor make notes in sufficient number and clarity to make your case even though they refuse to

cooperate in doing the right thing....

persistence, ask for a diagnosis, and state the tests indicate this is in fact what your condition is..

******************************************************************************

Regarding the underlined portion below:

I have non-SC GERD. I have SC TMJ. The VA has given me NSAIDS for 15+ years to treat my TMJ.

I ask my VA doc about the link between the two conditions and the meds. He says that long NSAID use caused my GERD.

I ask my VA doc to document it in my records. He says he will.

I sign the ROI form and get my records.

The only thing it says about reflux is that I have GERD.

Based on what is written here, he left out a lot required by the 'must' statement.

It looks like they require the doc to comment only on "current status of condition", "prognosis", and "degree of function", not about the etiology (i.e. the nexus)....

Am I correct about this?

VHA DIRECTIVE 2008-071

October 29, 2008

3

recording any observations on the current medical status of the veteran found in the medical record,

including their current functional status. All pertinent medical records must be available for review by VBA. NOTE: VHA continues to provide compensation and pension (C&P) examinations and reports as requested by VBA, as part of any new disability claims or review process.

(2) Requests by a veteran for assistance in completing a VA disability claim are to be referred to VBA through official channels; however, the clinician, if requested by the veteran, must place a descriptive statement in the veteran's medical record regarding the current status of the veteran's existing medical condition, disease, or injury, including prognosis and degree of function. This may then be requested by VBA for the purposes of making a claim determination.

5. REFERENCE

a. VHA Handbook, 1605.1.

b. Title 38, CFR 17.38 (a) (1) (xiv) "Medical Benefits."

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  • HadIt.com Elder

Both of my VA psych people, one an M.D., the other a P.A., had no hesistation in writing, not only in my medical records, but also seperate statements concerning my condition and reccomendations for me to receive TDIU.

If it hadn't been for my VA psychiatrist I'd STILL be fighting the VA Regional Office!

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Claimants also need to keep in mind that there are times,

that the totality of the evidence of record, just simply

doesn't justify a claim/issue being granted.

Every illness,injury or disease that one experiences

on active duty does not necessarily leave a residual

laundry list of disability's.

jmho,

carlie

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