Fishing Expedition

[Josephine]

Hi,

I received a letter from the AMC stating letter going to my Board Certified Internist of 30 years.

I did not receive any copy or information as to what they wanted from him.

He received his letter this past Tuesday.

I saw him on Wednesday for my usual appointment and he told me bits and pieces. This is the jist of what they wanted to know.

Why in your opinion as an Internist are you qualifed or more qualifed than a psychiatrist to treat this patient and what is her current diagnosis and past diagnosis and what are your credentials to treat her?

He went into depth about my diagnosis and his credentials. He read me bits and pieces of his letter,and mailed it immediately.

I am not sure that anyone knows the answer to this question, but thought that I would ask?

My question is The AMC sent me another " Statement in Support of Claim to file out.

Here we go:

I filed for benefits in 1978 denied.

I filed again in 2001 - denied

2004 - I acquired the Psychiatric records from the Archives. New and Material evidence to re-opened all claims.

The DRO had all of my post medical records from 1965 - 2004

The DRO had letter from my private doctor.

The DRO had the " New and Material Evidence"

The DRO sent me for a C&P October 18, 2004

Diagnosis - Generalized Anxiety not otherwise Specifed with Depression.

More likely than not or possibly the result this veterans anxiety with depression began in service with

Complete rationale for decision.

When the DRO ignored this information and chose to seek another C&P 5 months later for same and never found fault with the first C&P.

Does this come into play.

Mariano V Principi Vet. App 305, 312

Cautioning against seeking addtitional medical evidence where favorable evidence in the record is un-rebutted?

Thanks.

Josephine

Edited October 13, 2007 by Josephine

[Josephine]

Lola,

This sounds like a song by the Kinks.

Chuck made an interesting point. I guess at some point you allowed the VA to contact this doctor. If not, I think the doctor would only be able to answer questions as to his qualifiactions. If he only answers questions about his qualifications I do not see the correlation to doctor shopping. He probably signed evidence you submitted and they are verifying his credentials. I think the doctor needs to answer the letter because it sounds like they are not asking any new questions about your condition. They are just trying to go through the motions to give him a chance to establish a reason why they should listen to him rather than a psychiatrist. If he does not give them a good answer they will go with the psychiatrist. One thing to keep in mind is that the reason you do not get your meds from a psychiatrist is because you chose to see the internist. A psychiatrist could easily prescibe the same meds if you saw one. ASk the internest for a copy of the letter. There is no reason why he should not give you a copy. Your SO might have a copy of the letter the VA sent to the doctor.

Hoppy,

Thanks, to be honest with you I didn't insist on a copy the day that I was there, as when he briefly read the letter to me, I noticed in his anger that he transposed his dates. He stated, " He first diagnosed my chronic anxiety with depression in 1997. I ask him about this and he instantly saw what he did. I told him it was in 1979. He said that he would change it, but that the VA would have to contact him to do it. I knew that they would never do this.

I waited until the next day and wrote him a letter and my husband delivered it to him, to please change the date. He ask me to contact the AMC for their Fax number and Station. I did this and he changed the date and sent the corrected letter, to which the Supervisor has confirmed is in their possession.

Hoppy, I left a Board Certified Psychiatrist to go to him and never went back the other way. He treats my diabetes, thyroid, blood pressure, heart disease, COPD, anxiety and depresssion and inner ear disease He is an excellent doctor and I refuse to change.

My question, is how did I get in this mess to begin with?

Why did the DRO not rate the Claim after the First C&P?

When the DRO went for the second C&P within 5 months of the first one, " Was he doctor shopping."

This is all that I am trying to find out. Should I have received benefits after the first C&P? No one to date has found fault with the first C&P.

Thanks,

Josephine

[Josephine]

Betty, just think - this time when they reel in the line maybe a big whale will be on the hook and it will swallow them all hahahahaha. Hey, a guy has gotta dream a little.

Ricky,

Would I be so lucky?

Always,

Betty

[Berta]

The AMC wanted his full medical rationale and expertise for the opinion he already gave them Josephine.

He had to give your present diagnosis, link it to an inservice event that in his opinion "more than likely" caused it, and then state his medical background and credentials that support his being able to opine on your psychiatric disability.

I think the remand required that the AMC do this.

They are going step by the step by the wording of the remand.

[Josephine]

The AMC wanted his full medical rationale and expertise for the opinion he already gave them Josephine.

He had to give your present diagnosis, link it to an inservice event that in his opinion "more than likely" caused it, and then state his medical background and credentials that support his being able to opine on your psychiatric disability.

I think the remand required that the AMC do this.

They are going step by the step by the wording of the remand.

Berta,

I appreciate your assistance with my claim. Everyone has complied with the remand, except the two psychiatrist.

They refuse to provide their etiology, rationale for their decision or to reconcile their differnce.

I think the AMC is going to have to go around them.

I shall post my completed Statement in Support of claim, just as soon as I have it finished and would apreciate everyones comments.

Thanks as always,

Josephine

[Josephine]

Berta,

I appreciate your assistance with my claim. Everyone has complied with the remand, except the two psychiatrist.

They refuse to provide their etiology, rationale for their decision or to reconcile their differnce.

I think the AMC is going to have to go around them.

I shall post my completed Statement in Support of claim, just as soon as I have it finished and would apreciate everyones comments. Thanks as always,

Josephine

I have sit and pondered what you said. About the remand and all. I know now why Dr. P was so upset, he answered the remand request April 26, 2007.

Does anyone have any ideal of how I can safely get these records to the AMC? I may sound crazy, but someone is destroying my records. It took me 3 times to get my personnel records into the log and into my claims.

thanks,

Josephine

[LarryJ]

Okay, somebody help us out here. My memory is blank, which is, not necessarily, a NEW condition..

But, what is the name of the really nice supervisor gal at the AMC? Heck, half of us here that have dealt with the AMC, have wound up dealing with her.

Betty, if someone here comes up with her name....send the stuff to HER, at the AMC. She's straight up, and won't mess ya up.