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pwrslm

Master Chief Petty Officer
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Everything posted by pwrslm

  1. Bumping your ??....Can you put in an appeal with a recon request at the same time?
  2. Go to the vocational rehab office in the VA. Let them tell you no, get it in writing, and refile.
  3. lots of turnover in congress...are they lying for sure...or just inept?
  4. Did they even mention the radiculopathy in your decision? If not, that should be a UCE right off the bat.
  5. The keep telling me that when life knocks you down, you gotta get right back up and keep going.
  6. So, when push comes to shove, they want to make the VA change.
  7. Can you imagine the logistics of that mess? Hundreds of thousands of claims, some of them contain thousands of pages, shipped to Wisconsin, and scanned by hand into a computer...then reassembled and returned to origin?
  8. Damage by non va is not covered, I don't think. Its covered in the 1151 rules, the VA doesn't control or contract with the outside entity, so I doubt yu have that protection. Make sure the local Doc has his insurance up to date!
  9. Does IU provide bennies for independent living under VocRehab?
  10. " He did not noted some of my responses the way I answered." Go to your privacy office, the ROI guy that give you copies of your records at your local clinic. Correction of your medical file is covered under HIPPA (sp?) privacy act. Request that your medical file be corrected. Cite the exact nature of what the examiner put down, what it was that you told him, and that you want the record to correctly reflect what you reported in the examination. He should have a form for you to fill out. They will approach him, ask his opinion, he will probably deny it all. They will review the info, if its is justified and evidence in your medical file back you up, they can amend your health record. If the don't, they must give you the opportunity to put in a statement to rebut the examiners statements. This is law, they MUST follow this process. If the examiner corrects the statement, or they agree to amend it in spite of his denial, its a simple CUE. The HIPAA Privacy Rule: Patients' Rights 4. The right to request an amendment to medical records When patients access a medical record and find information they believe is inaccurate, they may file a written request that the record be corrected. The covered entity must respond to the request within 60 days. It may decide to take an additional 30 days, but must provide the individual with a written explanation for the delay and a date by which it will complete the action. If the covered entity denies the request, it must provide the patient with the following information in writing: the basis for the denial (for example, the covered entity did not create the record, the information is not part of the designated record set, the individual is not allowed to access the record under another HIPAA provision, or the record is accurate and complete); that the individual has a right to submit a written statement disagreeing with the denial; that the individual may request that the covered entity provide the request for amendment and the denial with any future disclosures that pertain to the request; and how the individual may complain. For more information see 45 CFR §164.526. (THE MORE PEOPLE WHO DO THIS THE BETTER) If thousands and thousands of these start showing up, it will be like a bright like blinking on a problem that will have to be addressed. Falsification of medical records is a Felony.
  11. insider stuff....recent IG reports dinged the VA on UI....you never know what goes on behind closed doors maybe the establishmentarians are maneuvering vets into getting re-analyzed...then BAM...sudden reduction in IU to show congress... it wait till the dust settles...
  12. The Choice Card began because of human manipulation of appointments. We are spending billions because VA Personnel didn't do the right thing, period. The new program does not work because of human manipulation, nothings changed. The VA needs to establish appointments by computer, AI can set appointments, all you have to do is program how long each appointment should be, establish dates that they need to fill, and its first come, first serve. They can even calculate spare time to deal with emergent situations. This would tell the whole truth about whats up with the VA, the budget for computers and programmers in the Federal Government is HUGE, and VA is a big part of it.
  13. Sometimes you get a Vet who is affected by a status so that his/her perception of reality is not from the same side of common sense that yours is. its not a cause to fight, but a struggle to understand how his head works once we get through it all, then it is clear how we can help him/her instead of marching into a conflict we make them allies
  14. I have a C&P scheduled for 7 Aug. I did a check up already on the examiner, and she is Internal medicine specialist, just like my PCP. My condition is related to (orthopedics) spine and (neurology) nerve impingement/sciatica. Hopefully this only for DBQ's. If they use the medical opinion of an internal medical specialist to overcome the IMO/E of a board certified specialist with 25 of practice, they would have to have a serious evaluation of the condition. The problem is, its impossible to tell now that they lock down the results of these C&P exams so you cant bring this issue to light and/or rebut it before they make a decision. Can a VSO rep get these results before the decision is final?
  15. So hows this work. VAMC is Federal Government property. In a state that restricts recording unless BOTH parties consent, is it legal to record a C&P because the state has no authority on federal property? Would they prosecute you under state law for illegally recording a C&P exam?
  16. The way the program is supposed to work is that the VA determines that it cannot schedule you for an apt w/in 30 days of the date that your provider determined that the care/test was medically necessary. When they figure that out, they should refer it directly to the Choice option, uploads to the Choice should take 1 to 3 days, and then the people from the Choice program should be calling you. Both times I was eligible, the VA used the wrong date. Needless to say, training the VA scheduling people is at fault. Both times they used the date scheduled for my next appointment as the starting date for the 30 day timer, instead of, using the date that the treatment/care/test was determined to be medically necessary. On top of that, the date on my referrals cited the original date of the original appointment as the earliest date requested for the appointment, not the date of my next appointment. The consistency between both of these errors is remarkable, the same exact error happened both times, 6 months apart.
  17. I'm thinking the VA sabotaged the Choice program by fumbling the referrals for Vets to use it. Happened to me twice.
  18. With stenosis, your nerves get pinched. Conditions of the nerves, normally sciatic nerve, are rated as paralyzed, partial paralysis, neuritis, and then neuralgia, depending on the severity, and each leg can be rated from 10% to 80% (maxed out with complete paralysis).
  19. When we deal with this system, it is supposed to be non adversarial. But face it, when they deny benefits, and 75% of the time they are shown to be wrong for denying those benefits, it is substantially adversarial, because it forces Vets who need the support to litigate the claim. The error rate, by its self, demonstrates a level of incompetence that nobody should find acceptable.
  20. They should base the job on the percentage of appeals. If they have more than 20% of their denials overturned on appeal, or 2 out of 10, they should come under review. Remedial training to start with, to warnings, and terminations to follow. If 2 out of ever 10 jobs I did contained errors, even McDonalds would not hire me.
  21. My son works in a cardiology lab. They do this every day. It is very safe, the Doc's are professionals. Do it now, don't wait. Waiting is not your friend.
  22. Level of activity in determining type of work you can do under SSA Heavy work Medium work Light work Sedentary work Its all in the amount of labor you can or cant perform, your age, and education/work history. Example would be if you were a Heavy laborer, without a HS diploma, and you were injured, over 55, and applied for SS, you would be capable of light or sedentary work, but without the education and at the over 55 age group, they would consider you disabled, they don't expect you to learn a new job at that age. I don't think the VA is much different than the SSA.
  23. The problem in examinations is that the doc does NOT put down the accurate history as your tell him. If he adds, or omits, anything, it is no different that falsifying medical records (which is a felony). It is unconscionable for the Federal Government to protect anyone from prosecution in this fashion. He reports your history, and it becomes a part of a legal document, your health record. If he omits statements you made, it can have a substantial effect on you, as well as a major effect on one's ability to receive relief for injuries suffered during active duty in the service of our country. This is a contentious issue, and should be properly litigated in court to protect our rights, not to protect the US Government from paying damages because of rogue doctors omitting information, or adding information where it is inappropriate.
  24. Its real. The transition to electronic data systems will take time. But like everything else, Murphys Law applies. Are they scanning both sides of the paper, or just the convenient stuff?
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