When To Report This Va Doc To Oig?

[Josephine]

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

[Josephine]

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,

Thanks, didn't expect much from the Oig. I know exactly what you mean.

One watching out for the other.

Thanks a bunch!

Betty

[free_spirit_etc]

Josephine,

Yeah..they can't just take their mistakes out. They should have issued a NEW ammendment - Not REPLACNG the first one - but explaining it, such as C&P exam of __ never occured.

Is it possible the Nov. 16 C&P exam they referred to is the OPINION the doc wrote? That is what I was thinking.

My husband kept telling me he never GOT a C&P for his cancer. I thought he forgot or something - because the SOC kept saying "You told the doctor this, you told the doctor that..blahblahblah.."

When I got a copy of his report - it was ON a C&P form - and it stated date of exam - and they had a date, which was actually the date he reviewed the medical records --there WAS no exam.

He clearly said in his OPINION (that was written up AS a C&P) that he was asked to provide an opinion as to the etiology of my husbands cancer AFTER a view of the medical records.

He did NOT examine my husband. My husband DID get some tests that day - but the doctor didn't even report those. For instance, the resp tests (done THAT day) showed that my husband had decreased PFTs and wheezing and shortness of breath on hills and stairs -- but the doctor reported he had NO problems - NO shortness of breath - NO apparent residuals from the lung cancer.

WITHOUT so much as SEEING him. He was missing half of a lung - had a HUGE scar - increased DLCOs, decreased PFTS, shortness of breath - and WITHOUT so much as SEEING him the doc wrote that he had NO lasting effects from the lung cancer. (The cancer he ended up dying from).

I wrote to the VA - and pointed this out. It is NOT a C&P - but if you LABEL it a C&P and REFER to it as a C&P - then raters think it WAS a C&P.

They are fully allowed to seek medical opinions without exams. But they need to dang well lable them as such - and quit calling them something they are not.

Yes..it could make a difference if a rater thought the doctor who wrote the opinion had SEEN you AGAIN.

Of course, they can SAY it wouldn't have mattered - but - let's use their terms - it is more likely than not that it would.

So TWO issues:

1. They have no right to delete ANYTHING from the records. If they found out you didn't have a C&P (which THEY should have known in the first place) then they should have NOTED that in the record (Nov 16 C&P was reported in error. No C&P occured at that time) or something like that - instead of just taking it out.

2. You were told that the results might have been different had the known you didn't have a NEW C&P.

I wish you could attack the heck out of this because they need to find a way to ask doctors for their opinions WITHOUT making them look like C&Ps - and so the raters will at least know what in the heck it was...especially since they seem to give more credibility to reports made when a doctor SEES you.

I think my FIRST step might be though - to not let them know that you are ON to that...but get a paper trail STARTED.

Send in a IRIS - something like:

I know my record was reporting that I had a C&P on Nov 16. This was incorrect, as I did not have one. ___ informed me that this mistake affected my claim by --- (whatever it did).

I would like to know if the mistake has been corrected and so it will not continue to have a negative prejudicial effect on my claim.

The reason I would do that is to get SOMEWHERE IN WRITING that you were TOLD that the mistake had a negative effect on your claim. But I would keep it kind of general - so they won't balk at it.

Because I think they will later DENY this had ANY negative impact on your claim.

So I was thinking of writing something that seems semi-innocent (I'm sure you are good at that <_< ) and get it in writing and see if you get a response - mostly just to get something in writing SOON that it had a negative impact.

Then go at getting them for altering your medical records.

BEFORE you write the IRIS - wait and see what some of the experts say though - I may be off base here.

FREE

[free_spirit_etc]

http://books.google.com/books?id=SkeBPgOJm...I8Eqjg#PPA73,M1

Long link - but I copied and pasted it and it worked.... I like what it says about tampering with medical records... especially the part where the judge can instruct a jury that if there are any deletions in a medical record - the jury can PRESUME that the person was negligent, even with NO other evidence, because any deletion gives the presumption of wrongdoing and an attempt to cover it or hide it.

Free

[ruby]

no expert here, but I believe you have the right to view your records, in attendance with someone else if they feel that what they wrote is determental to your well being.

you can sign over poa to your husband, which is another route.

I believe your case is with a Judge and what you may do now will not effect that outcome. The Judge should be viewing your case on its merits and case laws.

AHCA has more authority then JACHO in civilian world ( I don't know about the VA), JACHO is a joke in the health care industry. The facility pays to be inspected, do you think they will do anything to remove there accreditation. Nope, also they use to grade facility's if a facility got anything below a 90, run for the hills, cause it should have been closed. The yank thier accreditation at 80.

I would do a congressional inquiry then follow that up with copies to everyone you can think of.

Now in doing a congressional inquiry and to get anywhere with it, you will need to counter every possible answer they can come up with in your inquiry.

My office when I was in the military use to handle Congrits, so when I did one I knew how they would respond, I said it before they could--they really had to think long and hard on mine.

If you say the sky is blue and you know they will say the sky is pink, in your congrit say thier response will be the sky is pink, let me tell you why they are saying its pink.

They have standard responses to stall, to force them to take action, eliminate the standard response before they get a chance to use them.

While I can't remember the names of things in the VA system, I would send a copy of the congrit to the IG, don't go local, go to the top IG in DC, let the crap roll down hill.

If you go local it will stay local, start at the top and let them answer to the top.

Send a copy to quality medical assurance with the VA again let it roll down hill.

I would file a congrit asking why any professional would in your opinion would fraudulent state they did an exam. What credentials does this Doctor have and what quality assurance does the VA use in hiring staff or contract personnel. Don't forget to say they have now blocked you from viewing your records when they became aware you took some action regarding this issue. Then say why you think they are blocking you from viewing your record, its a cover up.

When ever you say anything negative preface with in my opinion or the best of my memory or knowledge--legally that covers you for almost anything you say or do.

I would also add that if what is written would be that determential to your welling being then you don't understand why your not a 100% disabled.

Now apply for independent care whatever its called for private psy. You have no faith in the system and could never trust the system again. Put that in the congrit also.

Good Luck

[Josephine]

Josephine,

Yeah..they can't just take their mistakes out. They should have issued a NEW ammendment - Not REPLACNG the first one - but explaining it, such as C&P exam of __ never occured.

Is it possible the Nov. 16 C&P exam they referred to is the OPINION the doc wrote? That is what I was thinking.

Free,

Dr. Crowley thought for sure that I had a C&P examination on Nov. 16, 2007. He said, " If she reviewed the records, she should have stated as such.

My husband kept telling me he never GOT a C&P for his cancer. I thought he forgot or something - because the SOC kept saying "You told the doctor this, you told the doctor that..blahblahblah.."

When I got a copy of his report - it was ON a C&P form - and it stated date of exam - and they had a date, which was actually the date he reviewed the medical records --there WAS no exam.

Free,

You should remember this and shows this when you file your papers.

I believe it to be an intentional act to fool the rater.

He clearly said in his OPINION (that was written up AS a C&P) that he was asked to provide an opinion as to the etiology of my husbands cancer AFTER a view of the medical records.

He did NOT examine my husband. My husband DID get some tests that day - but the doctor didn't even report those. For instance, the resp tests (done THAT day) showed that my husband had decreased PFTs and wheezing and shortness of breath on hills and stairs -- but the doctor reported he had NO problems - NO shortness of breath - NO apparent residuals from the lung cancer.

WITHOUT so much as SEEING him. He was missing half of a lung - had a HUGE scar - increased DLCOs, decreased PFTS, shortness of breath - and WITHOUT so much as SEEING him the doc wrote that he had NO lasting effects from the lung cancer. (The cancer he ended up dying from).

I wrote to the VA - and pointed this out. It is NOT a C&P - but if you LABEL it a C&P and REFER to it as a C&P - then raters think it WAS a C&P.

They are fully allowed to seek medical opinions without exams. But they need to dang well lable them as such - and quit calling them something they are not.

Yes..it could make a difference if a rater thought the doctor who wrote the opinion had SEEN you AGAIN.

Kathy, the Claims Examiner, to whom called me at home, thought a C&P had been done that day. It is then she said it was in my best interest to waiver the 60 days, but when I saw it was wiped clean on the computer. I made sure the Judge knew of everything that happend.

I sent this letter to Carrie Johnson.

Dear Carrie Johnson Clark,

I received your letter today - reference # 0xxxxx, dated 01/08/2008.

I talked to Carol at the BVA Friday, January 11, 2008 and was told that I had an expedited claim which would be decided January 18, 2008.

To make a long story very short and to the point, I received a telephone call from Kathy M. Claims Examiner for the Appeals Management Center, December 12, 2007 and was told by Kathy that I had received a denial of my claim. This is the telephone number showing up on my telephone to which she placed the telephone call. 202- 530- 0684.

I ask Kathy to bring up the last addendum from the VAMC, Sxxx, Virginia dated November 16, 2007. She said, “Yes”, I ask her if she saw:

Priority of exam: Original SC

Examining Provider: LAUREN Lxxxxx, MD

Examined on: NOV. 16, 2007

Examination results:

11/16/2007 ADDENDUM STATUS: COMPLETED

Kathy said, did she examine you? I said absolutely no! I have not seen this doctor since April 2005. Kathy said, this is not right and it would have changed the result of your decision, but I cannot send it back to the rater now, as your SSOC is in the mail. When I picked up my medical records, Thursday January 10, 2008 at the VAMC Sxxx, Va. The addendum has been altered.

I told her of as this date, December 12, 2007, I had not received the SSOC.

Kathy said, “I advise you to waiver your 60 day rights to sent more information and I will personally walk your claim back to the BVA

I sent one email to the BVA Buds man Dec. 28, 2007, I sent the same to the AMC Mailbox that I did not wish to waiver my 60 days and I would be sending an IME. I sent a fax December 27, 2007 to this fax Number 202 - 565- 4720 and I sent another Fax to Jim Terry’s office January 4, 2008 to this Fax Number 202 - 565-6393.

I saw Dr. Brian Crowley, Forensic Psychiatrist: 5225 Connecticut Avenue, N.W. Suite 215, Washington, District of Columbia, 20015 for the IME, January 11, 2008.

Dr. Crowley noticed this addendum and asks if Dr. L. Lxxxx examined me on November 16, 2007. I told him absolutely no. I picked up some medical records at the VAMC, Sxxxx, Virginia, Thursday January 10, 2008 and the addendum has been altered. Dr. Crowley has a copy of both addendum’s by Dr. L. Lxxxx. He stated he must acknowledge this.

I need the Judge to please allow my IME to be seen due to the altered medical records in my claim and its’ irregularities.

Thank you for your time,

Betty xxx

Of course, they can SAY it wouldn't have mattered - but - let's use their terms - it is more likely than not that it would.

Kathy the Claims Examiner said it did matter.

So TWO issues:

1. They have no right to delete ANYTHING from the records. If they found out you didn't have a C&P (which THEY should have known in the first place) then they should have NOTED that in the record (Nov 16 C&P was reported in error. No C&P occured at that time) or something like that - instead of just taking it out.

2. You were told that the results might have been different had the known you didn't have a NEW C&P.

I wish you could attack the heck out of this because they need to find a way to ask doctors for their opinions WITHOUT making them look like C&Ps - and so the raters will at least know what in the heck it was...especially since they seem to give more credibility to reports made when a doctor SEES you.

I think my FIRST step might be though - to not let them know that you are ON to that...but get a paper trail STARTED.

Send in a IRIS - something like:

I know my record was reporting that I had a C&P on Nov 16. This was incorrect, as I did not have one. ___ informed me that this mistake affected my claim by --- (whatever it did).

I would like to know if the mistake has been corrected and so it will not continue to have a negative prejudicial effect on my claim.

The reason I would do that is to get SOMEWHERE IN WRITING that you were TOLD that the mistake had a negative effect on your claim. But I would keep it kind of general - so they won't balk at it.

Because I think they will later DENY this had ANY negative impact on your claim.

So I was thinking of writing something that seems semi-innocent (I'm sure you are good at that <_< ) and get it in writing and see if you get a response - mostly just to get something in writing SOON that it had a negative impact.

Then go at getting them for altering your medical records.

BEFORE you write the IRIS - wait and see what some of the experts say though - I may be off base here.

I had to rush like fire, as the AMC and the BVA were rushing my claim too fast.

FREE

Thanks a bunch,

Betty

Edited January 21, 2008 by Josephine

[Pete53]

I would file the complain now. I also would be a realist and know that may be or may be not it would have an impact. Tampering with Medical Records is probably a State or Federal Offense.

By the way since you are still pursuing your Claim I would not get to wrapped up in this.

In your complaint be very specific and make your charges as enumerated points so that the investigating authorities have to address your issues. From what you have said on Hadit I am not so sure that there is not also some misdeeds at the AMC.

No matter what happens good luck on your claim