Doctors notes may screw me now.

[Mikey]

So I just printed my notes from VA PM&R consult for back, hips, knees pain. Dr stated "patient feels it is not connected to hips and knees pain".WTF.I never said that. I'm currently rated 10% R hip, 10% L hip,  secondary 10% bilateral knee osteoarthritis,10% lumbar spine osteoarthritis. Dr also stated" patient has several small children at home and does lift them."  He forgot to mention that I said it's painful  to play with kids but suck it up because that's what dad's do.  I m filing for increase to my SC. My question is am I now screwed. SC has already been established, and conditions have worsened. Dr recommendation is to do acupuncture, they denied me  Aqua therapy, 

[Mikey]

Any input, is appreciated. 

[Tbird]

bump

[Buck52]

NOD the decision.

gather up new evidence such as a new Opinion from a private Dr.

Also known as a Independent Medical Opinion ( IMO)

Ask for another  VA Dr Consult...if not? then

or try to find a private Dr ''specialist''in this field of medicine recommended)

Let this Dr know that your trying to get compensated for on this disability by the VA and you need him to exam you and give his impression/opine on your S.C. Disability

He needs to read your medical record on this & take the records as to what the VA Dr mention in his report also and let him know they say things that are untrue  point out the ''  Dr stated "patient feels it is not connected to hips and knees pain".

let this Dr  know you never mention that  so this is just one reason I am seeking and requesting your help for your professional medical opinion.

And you need him to write you his opinion and be honest.

sometimes just call around ask the receptionist if the Dr sees Veterans and is actually veteran friendly' she will know what you mean if they are.

let the Dr know how the VA likes things worded  '' Likely as not'' or anything favorable that would help your claim

as in the claim VA Raters will take a specialist opinion over a General MD VA Doc  when the Dr is more detail to the disability, if the rational they say are equal  then ''Relative Equipoise '' will be in effect to the Veterans favor  meaning they will take your private Dr's Opinion over the VA Dr's

jmo

...............Buck

[broncovet]

If your medical records are incomplete or inaccurate, the first thing is to get them corrected, keeping in mind the one year deadline to appeal has "no" leeway, so file that NOD within a year under any circumstances.  

To correct your records, follow this:

 1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs recordpertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend therecord in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on therequest, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individualsresponsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requesterof the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment ofrecords or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

(Authority: 5 U.S.C. 552a(f)(4))

(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))

(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c)of this section, the Department of Veterans Affairs will clearly note any part of the recordwhich is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)

[47 FR 16324, Apr. 16, 1982]