Medical Opinions By Va Providers For Va Claims

[Rockhound]

In the new act of 2007 The VA makes it pretty clear that they have exclusive rights to determine if a condition is SC and whether something found or diagnosed later is related to it or provide nexus statements by the C&P examinations Dept.

Their reasoning is that the VA Dr's do not have full access to the Veterans inservice medical and service records like the VARO/C&P examiners do.

Why is it that they don't? Shouldn't they have access to such records for the proper understandting, diagnosis, and treatment of the Veteran? If they don't have an understanding of when an illness/disease and or injury occured and as to how it may have progresses in severity or was the cause of a secondary problem for which they are now being treated. How then can they be sure they are giving you the correct treatment?

It seems to me that this a case for a class action suite against the VA/VARO for not providing VA treating physicians with a complete medical and related service records, so that they can provide the proper and necessary care for service related and/or SC illnesses/diseases and/or injuries. Why must it be the Veteran who must provide this documented information, when the VA more likely than not has it to provide, to the treating physician?

How does one bring a class action suite against the VA and is their any Lawyers or Law firm that would consider doing something of this nature? What would it cost, just to file the necessary papers in the proper court venue? This I suspect would have to be done by a lawyer or law firm on a pro bono basis. There would not be any financial awards, but it could lead to a change in the regulations and laws on this matter.

Your treating Dr should be able to know the full medical picture of your illness/disease and/or injury and be able to make opinions on origin, nexus, and IU that is binding for VA Claims. After all, They are the physicians that know you best and certainly better than a C&P Examiner who gives their opinion based on a hour or so exam and supposedly having reviewed your complete records. Complete records your treating physician should have access to also.

And can certainly provide a better opinion than a Nurse practitioner.

Rockhound Rider :P

[carlie]

There is no regulation that prevents a claimant from providing their PCP with a full copy of SMR's.

Then it's up to the PCP if they care to read it all or not.

jmho,

carlie

[Rockhound]

Carlie: I understand that you can offer a copy of your medical files and such to your PCP or Psychiatrist, or specialist, etc. etc. But ike you say, getting them to seriously read and study them is another thing. I've precented my past pyschiatrists copies and it was very apparent that they on glanced over them and realy didn't pay any attention to the language and sintex of the reports.

When I asked for their commit on these records, their answer was like them saying so what, I'm only concerned with what is going on with you now and not what happened 30 plus years ago. The best I was able to get was a statement in my records that at this time I didn't exibit any personality disorder as is discribed in the DSM IV. But wouldn't go so far as to say if I do not have a personality disorder now, I shouldn't have had one back then either.

I guess I'm have been miraculessly cured of a personality disorder over the years. Of course I have never heard of this happening, have you.

It still concerns me, that that unless the VA physician documents each piece of medical evidence relating to the claim for which they are making their opinion, then they will say that all the evidence from the C-File was not before them and ignor any opinion they might give. If the VARO is required to provide such records to your VA hospital to be intered into your records, then their would be no question that the records were before the VA Dr. making the opinion. How may C&P exam are done without the C-File being reviewed by the examiner. but yet their opinions, even if from a nurse practitioner has more weight than a VA Dr. because they have access to our C-File which our Va Dr's do not, unless we make sure that they do, but even then their opinions are ignored.

Sorry I am ragging again I suppose. I am currently a prisoner of my home due to the smoke from the fires in CA. I can't keep enough O2 bottles around to use outdoors and must save them for when I have to go into town for food and Dr appointments. These thoughts of how we are treated by the VA and thoughts of persicusion and voices at night that disturb my sleep. I end up having to increase my meds with my Psychiatrists approval, just to stay sane and not respond to these night voices.

I'm told they are schizoaffective dreams and that everyone has them, that it doesn't mean I am schizophrenic. But why then must I have to take Quetiapine Fumarate, even at a low dosage every night and double that when the voices still get through? This medicine is for the treatment of schizophrenia and manic depressive disorders and I have never been diagnosed as being manic depressive and their is no other atypical use for this drug, even by VHA standards.

Sorry agian.

RR :P

[Teac]

Rockhound,

I don't agree with your opinion. It is your responsibility to insure that your va doctor or any other doctor knows your medical history, not the VARO's. This subjuect would not even be an issue execpt for the fact someone is trying to get service connection. If it concerns you that your doctor does not have a cooy of your medical records, then you should provide him a copy. Most doctors are not going to spend time reading them anyway unless perhaps you have asked for a nexus.

I do not say this in defense of the VARO, God knows they have a lot of problems, but this is not one of them.

Again, it is the veteran's responsibility to insure their doctor has any and all the informtion that the veteran want them to have.

JMHO

[Rockhound]

It's not that I am saying it is not our responsibility to see that our Dr has a copy of our medical records. It's that the C&P examiner only has to state that he has reviewed the C-File without having to state what they reviewed. Where as our Dr. must specify what records by date and by whom in order for their word to be taken, that they reviewed the records that would otherwise not be a part of his regular medical records.

I just feel that they should be as easily reviewed like a C&P examiner. That they should be a part of the Veteran's VHA electronic medical files, that they can as easily review those records as easily as they review those they have inputed/written themselves or as easily looked up as other VHA Dr's, labs, xray results, etc. etc. that are in your VHA electronic files.

I have supplied two psychiatrists and one neuropsych tester with copies of my in-service medical files and in part revelent in-service personel files for their examination, each one in turn, said they look them over and very little if anything they read ended up commenting on them in their progress notes. Also the copy I gave them, they returned to me.

I would have prefered that they forwarded them to the records office to be placed their for easy reference by other or future Dr's. and/or psychiatrists.

If someone knows what the procedure is to have these in-service records to be placed into your VHA records, please inform me. I'm getting a bit tired of having to supply them every time I get a new Dr or pyschiatrist.

Rockhound Rider

[john999]

Rockhound

What is your current diagnosis at the VA?

[carlie]

Rockhound,

As your last topic requires a different answer then the first topic in this thread, I posted

something that might answer your last question, it's here http://www.hadit.com/forums/index.php?showtopic=18808&hl=

But FYI -- a claimant and/or patient will have very little luck in a doctor familiarizing themselves

and going thru year upon year of their past medical records.

carlie

Edited July 13, 2008 by carlie
sp (see edit history)

[Pete53]

Most primary care Docs see several thousand patients each month. They have no time at all except to fill scripts and ask for consults. I am lucky I have seen the same Doc for 4 years and we actually have a good relationship. I don't always get what I want but she at least listens to me. I have an appointment July 15th

[yoggie2]

I like this post and here is why. A veteran can provide as many medical records as you want and as far back as you want unless your disability is the "OBVIOUS" and still you sometimes get the screw its rated by a C&P examination by VARO, you'd be hard pressed getting a VA doctor siding with you or writing a statement on your behalf, this is where the VARO uses a C&P examiner to determine your disability and I have personally found VA current medical records veg at best. I mean really, I have medical records a foot high. Any one remember the VA Doctor training film? How they question the integrity of the veteran? I have requested copies of my MH records and to this day no one has even made mention of them not a lone get a copy. Rockhound I think your on to something here, I had IMO's that were more qualified the the VA doctors used for the C&P and my 7 or 8 IMO's counted for squat and at the end of the day the NP carried more weight than 3 specialist.

[Pete53]

Yoggie:

If you can get a Doctor or professional to request your medical records with your ok of course the VA has to cough them up and trust me they have them.

[Rockhound]

Rockhound,

As your last topic requires a different answer then the first topic in this thread, I posted

something that might answer your last question, it's here http://www.hadit.com/forums/index.php?showtopic=18808&hl=

But FYI -- a claimant and/or patient will have very little luck in a doctor familiarizing themselves

and going thru year upon year of their past medical records.

carlie

Sorry carlie, I spaced out on replying to your prior posting. For my present claim of an increase in problems secondary to a Fracture Nasal Bone and deviated septum, the M21-1 MR you referenced is of some help, If my claim is denied, but for my original claim of a mental disorder that was changed to a PD, it has no barying what so ever except to give me some insight as to where to look for those procedures cited in 1973/74. Since this claim will be based on CUE, once I have worked out all the kinks, if that is ever possible.

Rockhound Rider

[allan]

The DVA raters will more likely than not take the medical opinion that is not favorable over one that is. It doesn't matter their skill level. They are only interested in something they can use to prevent your benefits from being paid out.

If you get 1000 IMO's from the worlds leading medical professionals, the rater will likely ignor them & deny if theres a whore trained to provide the IMO they need. At least 4% will get awarded, so no, not all will be denied.

If your lucky enough to get an honest evaluation and the DVA doesn't spend yrs Dr shopping in order to deny it, you might get it approved. If it's not thrown in the round file and completely forgottin that is.

[buickx]

The C & P examiner purpose is to be the out side person looking at your case.. Take all your latest doctors letters and medical info with you and give it to them, because they have not seen the latest item's you have filed....