Received Letter From Va Medical Center Director(in Reguards To Upcoming Meeting On The Complaints I Filed Against A N.p C&p Exam)

[Bound4heaven]

Greetings to all,

I received a letter from the Medical Center Director in reguards to our upcoming meeting, and his response to a few demands I requested (Thank you Berta) I requested:

1) To audio tape the meeting (my wife will be driving me for witeness)

2) To have entire meeting and all past information reguaring thi issue placed in my VA medical file

3) To have a copy (FOIA) of the Disclipine action taken against the N.P that did this reckless exam.

This is what was written to me

"In response to your requests you may audio tape the meeting; we ask to do the same. You may also add anything you like to your medical record. Your Freedom of Information Act (Foia) request (the copy of the disclpine report in reference to waht was done to the N.P) your rerquest has been fowarded to a VA attorney. That process will take several weeks"

How is one to interperate this? I am thinking they had no disclpline report to start with even though the person I met with from the Medical Center Director's office said the N.P would be severely displined.

Why would they get there VA attorney involved are they scared? they know all the issues I files with the RO in reguards to the severe side effects I endured for years on the 19 different meds and that no one from the vA ever looked over my file for sidew effects, drug interactions, drug to drug interactions. I have 3 MD outside the vA who sent blasting letters to the Medical Center that I was alm,ost dead when they all saw me.

Thank you all. God bless

[Testvet]

because most disciplinary actions are personal and not part of a public record, for them to give you the information on what action was taken may vilate the employees rights. When the Post Office fired people all they could do was inform the new employer the dates they worked there, not the reason why they left and the circumstances on how they came to leave. You may feel you are entitled but legally they may not be allowed to tell you. Thus the VA attorney. Don;t be surprised in they are not candid and are matter of fact since they know it is being taped, so don;'t expect them to say much, other than Ho, want a cup of coffee and tell us your concerns and that they will look into it and get back with you..I might be wrong, but that is what I have seen in the past

[Guest Berta]

because most disciplinary actions are personal and not part of a public record, for them to give you the information on what action was taken may vilate the employees rights. When the Post Office fired people all they could do was inform the new employer the dates they worked there, not the reason why they left and the circumstances on how they came to leave. You may feel you are entitled but legally they may not be allowed to tell you. Thus the VA attorney. Don;t be surprised in they are not candid and are matter of fact since they know it is being taped, so don;'t expect them to say much, other than Ho, want a cup of coffee and tell us your concerns and that they will look into it and get back with you..I might be wrong, but that is what I have seen in the past

That's right Mike- some stuff is not public record-

but if you wait long enough and then file another FOIA you might get an employee who screws up and sends private info- that has happened to my many times with VA FOIAs and even Dept of LAbor-

Bound - it is SOP to send an FOIA to the VA attorney- I just got a reply from the VA attorney in Washington-as I directed my recent FOIA to VACO-

each VARO and VAMC has a specific VA attorney to handle FOIA requests.

In my case, I did not accept their reply and I filed an appeal with a very good reason, and a VA regulation. If you dont accept what you get but it isn't a denial you can still appeal it. STate you accept their reply as a denial.

They have to cite the regs they are using in 5 USC 552, if they deny your FOIA request.

Your appeal rights will be spelled out right in the denial letter.

This is odd- FOIAs can takes weeks , months or years-

Some guy called me from Washington years ago about a FOIA I had sent them and I had sent so many that I couldn't remember what it was about-

then it hit me- I had paid 100 bucks for an FDA disk on side affects and wrongful deaths from certain meds that VA dispenses-in 1995-

my PC was so old at that time I didn't even really read the whole disk and had won my claim on wrong meds contributing to my husband's death anyhow-I got the FOIA call in 2002 I think-

I have Ken Starr's (pre Clinton-Lewinsky) signature on lots of FOIA responses on stuff I sent for because he was the Solicitor General at the time and handled appeals on FOIA.

The type of disciplinary report you are looking for is a 10-2633 but this might be very difficult to get.

However- this form is only protected under 38 USC Sec 5705 (Confidentiality) -If in fact your complaint goes to a Board of Investigation, and that board generates the 10-2633 -and through that investigation an incident report is generated, this is NOT a confidential report.

It would be great to find out whethere this complaint went to a Board of Investigation in the VA system.

Also see Dept of Veterans Affairs VHA , Washington, DC M-2 Part 1, Chap 35, April 7,1995

IRMP formerly PIR

Edited January 18, 2006 by Berta