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

[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....