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.
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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
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