Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Pre-programmed “false Statements” On Veterans’ Va “medical Record Progress Notes”

Rate this question


allan

Question

  • HadIt.com Elder

fwd....

PRE-PROGRAMMED “FALSE STATEMENTS” ON VETERANS’ VA “MEDICAL RECORD PROGRESS NOTES”

ARE OR COULD BE USED TO “DENY” THEIR VA CLAIMS

“PRE-PROGRAMMED FALSE STATEMENTS” on Veterans computerized “Medical Record Progress Notes” that are intentionally or unintentionally not corrected to describe the Veteran-patient’s true medical condition or its “residuals,” are or could be used as a “bases to deny” Veterans’ service-connected and non-service connected disability claims, federal tort claims, and social security disability insurance claims, among other things.

“FALSE STATEMENTS” ARE A VIOLATION OF:

TITLE 18> PART 1 > CHAPTER 47 >

SECTION 1035, ET SEQ., AMONG OTHER THINGS.

Below are samples of “Pre-Programmed” statements that you will find on your “Medical Record Progress Notes” that may or may not be accurate. The ones highlighted, if not accurate, are the ones most likely to cause your claims to be “denied.”

So after reading the information below, whether you have a pending VA or other Government Disability claim or not, be sure to check all of your current and future VA medical records for accuracy… You can get a copy of any of your VA medical records from the “Release of Information” Office at the VA Medical Center where you receive treatment.

• This patient denies any other new medical problems.

• “The patient ‘DENIES’ both short-term and long term exercise intolerances.

• “The patient ‘DENIES’ profound muscle weakness, which unable him to raise his arm to comb hair, stand up from a chair or lift his head from a pillow, fascial rash, Gottron sign, v-sign, and shwal sign.”

• “The patient ‘DENIES’ LE claudication and foot drop.

• “The patient ‘DENIES’ symmetric polyarticular arthralgia/arthritis, malar rash, oral ulcer, discoid lesion, photosensitivity, nephritis, serositis, dry eyes and dry mouth, Raynaud’s phenomenon and sclerodactyly.

• There has been no persistent nausea, emesis, or diarrhea, no persistent fever or chills, no acute sino-bronchitic symptoms, no acute dyspnea, no hemoptsis, no recurrent GI or GU bleeding, no significant chest pain or unstable anginal episodes of concern to the patient, no persistent weight loss, no UTI symptoms, no synscope, no TIA episodes, no persistent irregular bowel movements, no persistent anorexia, and no unusual palpitations.

• The tests were reviewed with the patient.

• Otherwise the patient has no further medical complaints.

• Also the patient relays no new significant signs of symptoms referable to the ENT, Constitutional, pulmonary, cv, GI/GU or Neurological areas occurring since the last clinic visit.

Also Visit the following other Pre-Programmed Categories on your

VA “Medical Record Progress Notes” and check them for accuracy:

• Vital Signs, Reason for Visit, Pain Score, Allergies, Active Problems, Active Medications, Selected Medical History, Chief Complaint, History of Present Illness, Exam, Assessment, Mental Health Status, General appearance, Head/Neck, Eyes, Ears/Nose, Mouth, Chest/Breast, Lungs, Cardiac, Abdomen, Genitalia/Hernia, Rectal/Prostate, Back, Feet, Extremities, Skin, Lymphatics, Neurological/Psychiatric, Mobility, Activity Intolerance, Activity of daily living, Nutrition, Evidence of abuse or neglect, potential barriers, tobacco use, exercise, Contraindication to vigorous exercise, alcohol screening, PTSD Screen, PTSD Score, Mood Screen, Mood Score, Colorectal Screening, Vaccinations, Sun Protection, Hypertension, COPD, Diabetic Foot Examination, Plan, Active Medications.

TO READ

TITLE 18> PART 1 > CHAPTER 47 >

SECTION 1035, ET SEQ., AMONG OTHER THINGS

CLICK ONTO THE URL’S BELOW:

http://www4.law.cornell.edu/uscode/html/us...35----000-.html

http://www4.law.cornell.edu/uscode/html/us...----000-.html#b

Link to comment
Share on other sites

  • Answers 23
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

>cervical degenerative disc disease.

Hoppy,

cervical spondylosis/stenosis, can mimic MS symptoms.

I started treatment for my spine through the VAMC in 1993. In 2004 they took the first MRI of my spine & cervical.

I requested an MRI in writing for a C&P of my spine in 1996. They took standard xray films. After the C&P examiner refused to review them or use them in the determination, I sent in a request for re-examination.

Another exam was scheduled, the examiner viewed them & found all issues service connected.

Two months after receiving the VA examiners opinion, the VARO stated they never received it, got one of their staff consultants to state the opposite & denied the claim three days later. The favorable exam was discovered by my SO a year later.

A year after that, I found a copy of the favorable C&P, hidden in a closed packet inside my medical records folder at the VAMC. The packet was marked, "FOR ADMINISTRATIVE USE ONLY".

I made an appointment with the DRO, had him read it into the record & gave him a copy. He stopped the recorder after he read it & said, You do know that the "VA" is the one that "chooses" what evidence is used, don't you?

I said I had my suspicion, but I just had it confirmed, didn't I?

Nothing will convince me that other than the work performed, theres very little difference in the agenda on the minds of the health care at the VA, some SO's or the claims adjusters at the VARO. It leaves me to believe they went to the same brain washing class as, Buyers & Nicholson, thats for sure.

It's one sadistic mental game they play on us.

By the time you figure out just how much they're playing you from the get go, it sure makes you feel like a fool thats lost in the TRIANGLE.

They take TBI & neurological vets, give them toxic doses of meds, suddenly change meds & forget to tell you to taper off, suddenly withhold medications or look at you & grin, say they will do something & refuse to acknowledge the discussion ever took place. MRI, what MRI. Sorry, your in to good of shape to need to see an MD.

How about, "lets see now, we can get you in to see this volenteer student for that mental disorder & neuromuscular disorder of unknown cause".

Your lucky today, your appointment is only 9 months out!

You have two appointments scheduled in the same week. One will be a 325 mile trip & the other will be across the state for a 600 mile trip.

Their both at 7am, so don't be late.

Sorry, it's not my problem your wife doesn't like driving a pickup or that it gets 10 mpg.

I made the 325 mile trip to a VA er room due to brain lesions, seisures or cervical pain in a snow storm. I was given an EKG & sent home.

If you need your feet looked at, they will examine your ears & ask you if you drink alot.

If you need your ears looked at, they will spend the appointment discussing a weight loss plan.

If you say you might be interested in physical theripy due to the atrophy, they hand out exercize sheets, call the appointment a success & schedule one for next year at the same time.

Neurologists will say they see nothing neurological wrong to order an MRI, physical theripists state "deffinatly CNS envolvement".

Finally get an MRI, the neurologist say it's normal. VAMC health records, are never present to discus with them, they refuse to look at your medical history & say your labs are normal. Anything may flow from their mouth in order to keep you in a constant state, resembling a mushroom.

I often wonder how much bonus they get, if a vet takes their life or the life of another?

Its so easy for them to feed off the misery of brain injuried vets & vets with neuromuscular disorders. There is a multitude of folks making a living painting us as nothing but drunks & drug addicts looking for a free ride.

Had a patient in the hospital next to me say, they had to stop the operation on his neck because it was quiting time & the students had to leave. He said they gave him another sergury in a few days to finish the other side cutting back a few bone spurs.

Link to comment
Share on other sites

  • In Memoriam

I have had a 95 degree temperature for over the last two years all year long; not just winter, but with summer as well. The vet taking my temperature always says that this is normal. I thought 98.6 was normal.

One of my favorites is when I have bronchial pneumonia (often), the VA always puts me on the breathing machine (maybe Albuterol). After the treatment she automatically puts down "patient has significant improvement" with out asking me anything. What a joke.

Another underground statement by one doctor passing off to another is "Good luck with this one". This is an agenda

Another underground statement is "Patient has an agenda".

These are comments that are within the notes.

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

Link to comment
Share on other sites

  • HadIt.com Elder

Stretch:

Same deal for me. If I show 98.6 I am sick as a dog.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

  • HadIt.com Elder

Okay, I have several of these type false statements in my records and on C&P reports. Whats a person to do? How can they go about being changed or challenged even? I nearly cried and fainted when seeing this post about the "the patient DENIES..." sounded like you were reading MY records! smile. But then again,I sure wonder what to do with 'em! thanks.cg

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

  • In Memoriam

My VA Radiologist said many wrong things in his report, of me, such as: Patient has worked with Mercury lifetime occupation, had two children by former wife, and many more.

I took each wrong statement in highlight and put the correct answer below it. I numbered each false statement put it in word format, and took it to the patients advocate. I demanded that the corrections be made. The doctor appologized, because he didn't think I would read it; the doctor put in the corrections himself.

I check it out with the FOIA and yes he did admited the mistakes and made the corrections.

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

Link to comment
Share on other sites

  • In Memoriam

BTW, I never worked with Mercury in my life. ????????????

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use