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

  • Donate Now and Keep Us Helping You

     

  • 0

When To Report This Va Doc To Oig?

Rate this question


Josephine

Question

  • HadIt.com Elder

For those of you who have followed my claim, you know that my claim has gone to the AMC and back to the Judge, did get the IME to him in time. My husband says to wait until the Judge makes his decision before reporting her to the OIG?

My question, is when do I turn this Dr. L Lxxxx over to the Office of the Inspector General?

I have now 5 copies of this particular C&P of 2005, to date the records have been altered

The first Copy of the C&P:

COMPENSATION & PENSION EXAMINATION APR. 14, 2005

Filed a comlaint against the C&P to Patient Advocate.

May 16, 2005 Dr. L. Lxxxxx placed this on the C&P

You may not VIEW THIS COMPLETED PRIVACY AMENDMENT NOTE

Addendum Oct. 2006

Does not alter initial conclusion.

Addendum Nov 16, 2007

Priority of exam: Original S.C

-------------------------------

Examining Provider : Dr. Laxxx Lehmxxxx

Examined on: Nov.16, 2007

----------------------------------

Examination Results:

Picked up copy of C&P and Addendums to take to Dr. Crowley:

All of this had been removed from the medical records

You may not VIEW THIS COMPLETED PRIVACY AMENDMENT NOTE

Adddendum of Nov. 16. 2007

Addendum Nov 16, 2007

Priority of exam: Original S.C

-------------------------------

Examining Provider : Dr. Laxxx Lehmxxxx

Examined on: Nov.16, 2007

----------------------------------

Examination Results:

-----------------------------------------------

Dr. Crowley was under the impression, I had a Compensation and Pension Examination Nov. 16, 2007, until I showed him the copy I picked up the day before and everything has been removed from the computer. The Privacy Amendment Note and any mention of a C&P Nov. 16, 2007.

I am so confused.

Thanks,

Betty

Link to comment
Share on other sites

  • Answers 25
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Not only the OIG, but the Office of the Medical Inspector and let us not forget our friend HIPAA. This is a major violation. The rules for HIPAA say you have 60 days to report the incident fromt he time of discovery. You will have to apply for a waiver of that and explain why in writing it has taken you longer than 60 days. You shouldn't have any problem getting them to waive the time limit and submit the complaint and the waiver at he same time. The VA isn't afraid of many, but HIPAA can make things difficult for them. Also, you could join in a class action suit or sue the VA if you can show their alteration caused you damages. I would wait until you get a ruling on your claim since you seem to be closer. You could go ahead and get everything ready to go. Good luck!

Link to comment
Share on other sites

  • HadIt.com Elder
Not only the OIG, but the Office of the Medical Inspector and let us not forget our friend HIPAA. This is a major violation. The rules for HIPAA say you have 60 days to report the incident fromt he time of discovery. You will have to apply for a waiver of that and explain why in writing it has taken you longer than 60 days. You shouldn't have any problem getting them to waive the time limit and submit the complaint and the waiver at he same time. The VA isn't afraid of many, but HIPAA can make things difficult for them. Also, you could join in a class action suit or sue the VA if you can show their alteration caused you damages. I would wait until you get a ruling on your claim since you seem to be closer. You could go ahead and get everything ready to go. Good luck!

Speaking Out,

Thanks so much for telling me what to do and posting it for me. I will wait until the Judge makes his decision and then I will make the move then.

Being on his desk, It shouldn't take too long to hear from this.

Since I just saw the copies January 10, 2008 then it should allow me time to get it all in.

Sure am glad Dr. Crowley has a copy also. This will make things simpler for me.

He ask me about the examination that didn't take place.

He said he would have to address it, but not sure that he will, but I will.

Thanks bunches and Always Appreciate,

Betty

Link to comment
Share on other sites

  • HadIt.com Elder

I, personally, do not think that "everything had been removed from the computer" but, instead, believe that they are not going to show you what the "you may not view this completed privacy amendment note" says, just like it says.

They (the doctor(s)) are probably telling everybody that they, in their professional opinion, think that you viewing these notes will be detrimental to your well being or treatment.

You'll have to get a supoena.

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

I filed a malpractice complain with the OIG, I got a letter saying they had opened a investigation. Sometime later I got a Letter from the OIG telling me the investigation had been completed and I could request a copy of the results under the FOIA. I filed a request under the freedom of information act and got the results of the investigation. The OIG let the hospital investigate my complaint and of course they found their doctor did no wrong. The fox guarding the hen house, dont expect to much out of the OIG, I feel they are just like the rest of the VA when it comes to a wronged veteran, they dont care. I dont mean to discourage you, just dont get your hopes to high.

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

Link to comment
Share on other sites

  • HadIt.com Elder
Betty, Report it to the OIG immediately. I will explain.

There are two separate issues happening at once. One is your disability claim and one is your records tampering claim.

I will leave the disability claim to the hadit experts. However, with regard to the medical records, there are laws, not just regulations, but laws governing the maintainence of our VA medical records. You have some very significant rights.

As I understand it, there is an addendum to your medical records that this doctor does not want you to see. I all so understand that it concerns mental health issues.

Any healthcare provider can block you from seeing information they feel could/would cause you harm if released to you. You have the right to challenge that determination. Also, your husband has some rights here also which may well involve having the information released to him. When I wasn't allowed to get copies of my wife's CHAMPVA medical records or even refill her prescriptions, I had my attorney draw up a limited power of attorney and filed it with our district court. The next time I was refused her records, I slapped it down in front of the Privacy Officer who immediately gave me the records and told me I shouldn't have made such a big issue about it since there was nothing important in the records anyway. I asked how she knew that they contained nothing important and what were her professional medical credential. Next I went to the Pharmacy chief and did the same. Never had a problem again with either her records or her prescriptions.

The laws (HIPAA and APA)both prohibit the removal of any part of any record covered those laws. Your VA maintained medical records are most certainly covered. They may be amended, but both the original and amendments must be provided when disclosure of those records is requested. As I understand it, the records concern the results of a C&P exam. Has the information ever be quoted or even referred to in a decision or SOC? If so, this becomes a VCAA issue also.

If you have a private healthcare provider, those records cannot be withheld from him/her, although they have to formally request your records office to office.

I can see no legitimate reason for withholding the 2005 data. If there is information contained that may have been harmful to you in 2005, surely that no longer applies. So go to the Privacy Officer and formally request those records. If you are refused, immediately ask where and to whom you need to go to appeal that decision. Another trip to the Patient Advocate would not be a wasted trip.

And finally, am I correct in believing that an C&P exam that never took place is being used to determine your disability claim? If that is the case, there is even more work to do.

GuaymasJim,

I have the first copy of the C&P and picked up the copy about 5 days

after typing.

I then placed a formal complaint to the Patient Advocate.

It was then, when she was confronted with my complaint, she placed

the Privacy Amendment Note You May Not view.

The doctor knew that I had a copy of the writing of the First C&P to

place the complaint.

It was at this time, she placed this on the records.

The next mistake was the examination that didn't take place.

When I picked up copies to take to Dr. Crowley all was removed from

the computer.

Next comes the removal of the exam that did not take place.

I will wait until the Judge makes a decision for he has a copy of the

addendum showing the examination that didn' take place.

When Kathy from the AMC called me to tell me of the denial, I

mentioned to her only of the examination that didn't take place, she

advised me to waiver the 60 days and said she would walk my claims

file back to the BVA, which she did.

She said she saw this on the addendum also.

when I wrote to the Judge to allow me time to get that IME into him before his decision, I spilled the beans on Kathy the Claims Examiner

and sent him a copy of the addendum that stated of the examination.

He can see it for himself. It is no longer showing on the computer.

Dr. Crowley spotted it first as I stopped by the VAMC to get more

records for him and was given this one.

He is a Forsensic Psychiatrist and said he would have to report it.

This was also in the letter to the judge.

This lady Doc sure has made a mess for me. Yes, Kathy told me

herself, had the addendum not stated a C&P examination, the results

would have been different.

Thanks so much,

Betty

Link to comment
Share on other sites

  • HadIt.com Elder
I, personally, do not think that "everything had been removed from the computer" but, instead, believe that they are not going to show you what the "you may not view this completed privacy amendment note" says, just like it says.

They (the doctor(s)) are probably telling everybody that they, in their professional opinion, think that you viewing these notes will be detrimental to your well being or treatment.

You'll have to get a supoena.

Larry J,

I have a copy of the examination of 2005 and it wasn't until after I

placed the formal complaint to the Patient Advocate that the good ole

Doc placed the Privavy Amendment Note, which is showing exactly one

month after the C&P.

If she thought the C&P was bad for me, she should have placed it on

the original typing of the C&P, not after I placed a formal Complaint.

Thanks a bunch,

Betty

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

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

    • LEArmy93P earned a badge
      Dedicated
    • LtDave earned a badge
      Week One Done
    • HillTopVet earned a badge
      First Post
    • kidva went up a rank
      Contributor
    • AFguy1999 went up a rank
      Rookie
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • 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 reviews
    • 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use