Navy4life

So sorry to hear Navy4life.  Completely understand your position and rights.  Don't stand for it and do what you can so this type of behavior is not ever repeated or allowed ever again in your future. 
Maintain your wits and keep your composure.  Hang in there and good luck.

BroncoVet;
This is for my upcoming DRO hearing that is scheduled for 2/26/16.  Nothing is going to change that.  I just need to get ahold of my C-file and the missing records.  Since I've had no luck through the other appropriate routes, I went through this route, which was recommended to me on this site the other day in one of my threads.
He indicated he had a contact at the VA so we will see.  Not getting my hopes up at this late in the game but if I do get those missing records it will be awesome.  
Either way I am having my hearing on the 26th...

So yesterday I got an email from my local congressman's office.  He is the liaison for the military and veteran's affairs here locally.
****************************
XXXXX,
 
I received a copy of the email, concerning your C-file at the VA, that you sent to our Washington, D.C. office. I have attached a Privacy Release Form and a Casework Request Form. Please complete, sign and return them to me at the address below. Also include copies of VA correspondence related to the claim/appeal. Please call me at the number below so we can discuss the issue and casework.
 
****************************
I called him this morning and we talked about my upcoming DRO hearing.  I sent him an email as requested with the documents he needed from me.  He is trying to expedite my C-file so I can get the missing files for my hearing.  I hope this works because I have tried since 2014 to get them on my own to no avail.  It's crucial I get the medical records I am missing.  He asked if I had representation and I told him yes, a DAV rep and he said that was good to know b/c I should have someone there with me.  I asked him about the process and he told me that unlike what most think, a DRO hearing isn't really starting from scratch but rather they are looking at the same evidence presented the first time around.  If I have additional evidence to bring it.  I told him I had a letter from my VA podiatrist backing me up and I found two additional SMR's from my hard copy files.  He said bring them.  I opted for the informal hearing so I hope it's favorable.  I just have to prove to this hearing officer and connect the dots.  
 
I had read that a DRO review hearing was supposed to be "de novo" latin for starting from scratch http://www.disabilitysecrets.com/resources/disability/veterans-disability/dealing-a-dro-veterans-disability
 
So I hope this works! 
 
 

Buck;
Yep Derek is his name and Emma was the other one he was engaging the conversation with.  She knew I was taking names and she comes out to the waiting room to give me water. B**** please, what you need to do is go back in the office and leave me the F alone.....
The elderly lady in the waiting room even motioned to her and the guy that they were out of line!
I am not threatened at all by my C&P exam and I would just dare them to do something to my C&P exam.  That won't happen! Both doctor's spoke to me with favorable discussions and I am confident the C&P exams will be favorable.  
What that office needs to worry about is their staff running their mouths about highly sensitive medical information.  I am a strong woman and I will over come this but tonight I have been through hell.  I have cried all I can.  I have thought bad things but won't act on them...I will wake up tomorrow with a vengeance and make sure this guy pays for his stupidity because I can tell you that I wasn't the first person to probably over hear him or maybe I was, but it will be the last time he defiles someone's claim, especially a rape!
Again, thanks! 

Mxxxxr FxxxxR in Charge, sorry, Old Corps.
Semper Fi

Time to get official. Start with Secure Msg to those listed on your MHV site, that should be made aware of your recent experience at QTC.  Your Msg and their response will become part of your VMC Med Record.
Then  letters to the MFIC of QTC and who ever is the MFIC of VA Contract PTSD Awards, would be next.
Semper Fi

Scars can be painful, and also limit movement. Scars from injury can be considered differently/separately than surgical scars.
Depending on the original claim dates, it's also possible to get into old rule new rule determinations, and which is more favorable to the veteran. A significant difference is that the old rule assigned a minimum of 10%, and the new 0%.

Andyman
     Two weeks after "decsion letter mailed" is an appropriate time for you to take action.  The post office says it takes "2-7" days for a letter to reach anywhere in the lower connected 48 states.  
     This is what I would/am doing.  First, go to ebennies and make sure your address is correct.  Fix it if its not.    (I have a decision letter mailed on Feb. 2). Then   Call your national VSO and ask them to send you a copy of the decision, that it never arrived.    If you dont have a national VSO, then 
call the BVA, if applicable, or your RO.  The Veteran has deadlines. 
       Send an IRIS, or call Peggy.  If none of these produce the applicable decision in 2 weeks, then email Bob.
      The VA is famous for shennanigans like  denying and never sending a decision, and you find out 2 years later, when its too late to appeal.   

Military service and VA are a never ending debate.  There are different rules "in war" and not in war.  
For example, sleeping on watch duty is a serious offense.  The penalty for sleeping on watch in war time is death.  Im not sure that is enforced all that often, maybe never, but when I was in the military we had to know that the penalty was death for sleeping on watch in war time.  
VA has the VAOIG as its only police force.  Military has MP.  I do understand MP's, but dont agree with VAOIG.  The VA is an agency.   Why dont they have a "Forest Service OIG"?   Or a "Treasury OIG?"  
How about a Department of Agriculture OIG?    It makes no sense to have a VAOIG EXCEPT so VA can get away with stuff no one else can.  

Its a privacy act violation.  My wife is a nurse.  She not only is not allowed to discuss other patients with employees "in the hall", but isnt allowed to discuss them with their family in private either, without the patients specific permission or a POA on medical issues.  If you are in a private hospital and discussing a patient, 1.  Your supervisor may check and see if that patient is assigned to you and the person you are discussin him her with.  A nurse is assigned patients they are responsible for at the beginnig of the shift.  So is a doctor or nurses aid.  You can go to your supervisor and ask about patient "z".  And when you change shifts, you discuss patient z with the next shift.  But, if you are friends in with a nurse in ER, and you are in pediatrics, dont get caught discussing the care of your patient with another nurse who does not specifically have a "need to know" .  You can consult about patients with other medical personel, but only to the extent they have a need to know.  Gossip is specifically a no no.   The Doctor can/does give a report to the family on a patients condition after an injury or surgery in private, but only then if the doctor sees the family prior to surgery and knows its ok to discuss details with family members.  If a family member is in an accident and a surgical procedure is indicated he will discuss it with a family member as a decision must be rendered on the surgury if the injured patient is unable to speak or make a decision on their own.  Its then an "implied consent" because if you go to the hospital after hearing your spouse/family member has been injured, its implied you have a say on the outcome of their care, and have decision making authority on that persons medical care.   Its important that you have in your medical records who you desire to have medical POA in the event you are injured so that the person you want to decide has POA.    
They dont put the patient name on the outside of the room.  People can walk by, and say, "Gee, I didnt know Susie Smith was a patient here.  She is my neighbor.  I wonder what is wrong with her.  I will ask the nurse..no kidding, a D and C?   Gee what was that for?  Any complications?"   You can see where this is going.  
My wife is shocked that you go to pharmacy and your name appears on the screen when your order is ready for pickup.  Privacy violation.  "Gee, I wonder what ole Fred Smith is getting pills for?  His ED must be acting up again?"
In a private hospital these things are instant and immediate firing. I have no idea how the VA gets away with this.  The VA and military get away with lots of stuff private industry can not.    One example is the public showers military often have to do.  Private hosptials would not think of saying ok, we are showering today.  Everyone take their clothes off now, and into the shower together, but that is exaclty what they do in boot camp.  You do not have the luxury of a private shower in many military settings.  I took showers with 80 other men every day. 

Its good news.  Scars are compensable based on their size and whether or not they are painful if service connected.  Documenting your scars can mean additional compensation.  I think it also means that your examiner is likely giving a favorable opinion on SC.  Why?  Because scars wont matter for comepnsation purposes if the injury is not service connected.  
 

I have three scars that I am rated separately at 0%. I didn't even put in a claim for them. They were given from a C&P exam for a broken foot, broken hand and lower right inguinal hernia. I figure I will never get paid for them but at least they recognize them. Hey it is hard for them to away service connection for a scar. Like it is going to disappear?

I agree that the whole thing should not have happened. Having said that, you would be surprised at some of the conversations that occur inside an operating room, and even recorded! 

Buck;
Yep Derek is his name and Emma was the other one he was engaging the conversation with.  She knew I was taking names and she comes out to the waiting room to give me water. B**** please, what you need to do is go back in the office and leave me the F alone.....
The elderly lady in the waiting room even motioned to her and the guy that they were out of line!
I am not threatened at all by my C&P exam and I would just dare them to do something to my C&P exam.  That won't happen! Both doctor's spoke to me with favorable discussions and I am confident the C&P exams will be favorable.  
What that office needs to worry about is their staff running their mouths about highly sensitive medical information.  I am a strong woman and I will over come this but tonight I have been through hell.  I have cried all I can.  I have thought bad things but won't act on them...I will wake up tomorrow with a vengeance and make sure this guy pays for his stupidity because I can tell you that I wasn't the first person to probably over hear him or maybe I was, but it will be the last time he defiles someone's claim, especially a rape!
Again, thanks! 

So I went to the QTC office for my TWO C&P exams today.  First one was at 1300 and it was my MH C&P exam for PTSD/MST and my eating disorder.  Was with the doctor for about 1-1/2 hours and we went through everything thorough.  Apparently the reason I had this C&P was the fact that the VA originally rated me for Anorexia Nervosa back in 2014 separately from my MH PTSD/MST/Anxiety.  Looks like I should be under Bulimia rating because of my binging/purging with laxatives and the abuse of the laxatives.  The discussion was good, she did not have me 'totally' relive the disgusting event but we did touch on certain aspects.  I was personally assaulted resulting with a pregnancy where I lost the child in my late first trimester/early second trimester.  I felt pretty good about the exam and thanked her.
So I had a few hours to kill before my next C&P at 1615 so I went and got something to eat and chilled.  Got back to the office around 1530.  Now mind you I was already a bit anxious from my discussion a few hours prior.  This exam coming up was for an increase to my L ankle.  I am currently on a knee bike and I have an ankle brace on my left foot. So there I am sitting in the waiting room minding my own business.  Look at FB to kill time and I over hear a conversation taking place behind the glass in the office area.  Now keep in mind, I suffer from MST!  here is the conversation:
Employee #1 - So this lady was raped 12 years ago.  It's apparent you can't do a rape kit.  How does she prove this?
Employee #2 - Well the VA takes there word I guess.  
Employee #1 - Well that doesn't sound right, how do they know if she is telling the truth or not
SO I F***** LOST IT!  I MEAN I FREAKED THE F'OUT!  Went up to the glass and said "who the hell do you think you are to even be talking about a patient and their personal file like that?"  And "who are you to determine whether the person is lying or not?" "It's not up to you but rather a doctor!!!!!"  I asked for his name and he told me it and I asked for a supervisor...Well guess who the supervisor was!  That guy!  WTF!  I got the other ladies name and by now he had brought into the back b/c of how upset I was and just kept saying "I'm sorry" "I'm Sorry"  Are you serious?  By now the doctor who had examined me for my MH C&P came out and brought me to her office to console me.  I was sobbing, I am mean literally sobbing like a baby.  She said that was uncalled for and I told her "you are damn right it is".  I am going to report this to the VA, the QTC corporation, anyone I can get ahold of!
Needless to say I had to get myself together so that I could do my next C&P exam for my left ankle.  That doctor, too, heard the whole situation and was so appalled at his actions.  I told her thank you.  We were able to get through my L ankle C&P.  She said b/c of my right foot in a "non-weight bearing status" she couldn't do the "normal" testing of both feet/ankles.  She said I am noting it and she also said that the knee bike I am using now for my right foot, is probably causing even worse issues to my left foot ankle b/c now I have all the weight on my left foot/ankle.  She told me that I should get a wheel chair and to discuss with my podiatrist.  My calf muscle is significantly smaller now on my right foot but that is to be expected.  Over all the this exam went well and I believe favorable too.
So with all that going on today I am just completely devastated and reverting back to my old self....
Thank you for letting me vent!

Oh okay gottcha
I was at the QTC BUILDING/Down in the basement so to speak At Euless on the 23rd last month for my PTSD C&P  and examiners name was Dr Gordon she was Nice African  Amercian Lady.
I know the dude your referring to  kinda a smart ass when I was there.
Maybe wait see what the outcome of your C&P is?  but I don't blame you at all if you go after these idiots.or at least get his ass fired.
We can't get the C&P report back until the VA decides the claim   which sucks and causes more Appeals.  which I  hope don't happen with ours.
sorry you had to go through all this today.
Its not right they talked about things like this or any veteran matter  its non of there damn Business.
just chill out the best way you can  maybe tomorrow will be a brighter day for ya
Hang In There.
 
............Buck

So sorry this happen to you Navy4just keep your chin up and know were all Backing ya on this, they breached your privacy (which is a 3rd degree felony.) not sure how VA would handle this  its very interesting to find out  so it won't happen again to the next Lady/Man
Was this at the Dallas VA? I was there today to see my MH Doc. At the Diamond Clinic  a.k.a Copper clinic. second floor.
TORT CLAIMS would be a little different  but if I was you I would go see the Hospital Director and ask  how to pursue this....tell them your damn serious..first they will try to talk you out of it but when they see your serious  I think things will change.
lets hope so
 Hadit elder member Ms berta may know what you can do or what to do who to see.
Hang in there girl!
 
.........Buck
Dr C Bash & his associate attorney John Dorley would tear them up in my opinion

Hey Navy,
I am so sorry you had to endure the unprofessional behavior of those idiots. I thought I had a bad C&P exam experience at the VAMC when the doctor was examining me with one hand and eating a submarine sandwich with the other, but what happened to you was totally uncalled for. I know you will not let them just sweep it under the rug. More proof that QTC contractors don't really care.
I think this topic should be moved to VA Scandals.

Thank You Green!
No I won't have to go back.  The doctor said she had the ability to put what she needed to put in there.  She was able to do her assessment to my left foot.  She evaluated my right foot and took notes of my scars as well.  She used the Goinometer so I think I am good!  I sure hope so!

Okay this may be totally inappropriate but I for one am glad you got confrontational with the two idiots.  Let's hope that entire office can use this experience and learn some human decency.  I'm sorry you had to go thru this today but honestly believe you are/were the catalyst for change.
As for your C&P exams, I'm glad you feel the MH went well.  I'm guessing you will have to go back at another time to have the foot exam completed.
 
Green

I requested FOUR times for my missing medical records from 95-96.  My initial request was back in June 2015 and still nothing.  I hope that the military and veterans liaison with my local congressman's office can finally help me.  My DRO review hearing is on the 26th of this month and it's crucial I get it.
I would seriously consider hitting up your local congressman/congresswoman's office for assistance.

A lot of it will be based on ROM, or maybe all of it.  Remember, stop at the first hint of pain. 

I requested FOUR times for my missing medical records from 95-96.  My initial request was back in June 2015 and still nothing.  I hope that the military and veterans liaison with my local congressman's office can finally help me.  My DRO review hearing is on the 26th of this month and it's crucial I get it.
I would seriously consider hitting up your local congressman/congresswoman's office for assistance.

Hell on wheels!!! 
 

It's funny, you know, during my MH C&P exam, back on Nov 3rd, the "person" couldn't understand why dealing with the VA is so stressful, as far as claims go.  Duh!!!  Oh wait, he's not a Vet, and didn't have my best interest in mind.