Denial Of Dental Care And Record Tampering

[Guest top213]

I have cancer and was receiving radiation treatment via the VA @ Memphis, TN. During the 8 weeks of treatment my immune system faultered and my mouth exploded into a infected mess. I attempted to have radiation and oncology to get me a consult with dental. they denied me that option and tols me to see my PCP. She wrote for a consult with dental on 06/05/08 with compelling reasons and stating that the treatment was reasonable due to the treatment I was receiving. On 06/13/08 A remark was made within my medical records by the dental department. The reason being I was not 100%SC. I never offered that reason for treatment. This is disability discrimination. My reason to be seen was covered by Title 38 U.S.C. 1712 (H)(ii) which covers veterans that are receiving medical treatment and are in need of dental care because it is interferring with the on going treatment. The VA has used every reason at their disposal to deny me my rights under the constitution. They have gone silent since I filed a tort action against the VA@Memphis, TN. They wrote me saying that I am not eligible for every reason except for the reason stated. First they said that they offered treatment and I refused, then they said that I was ineligible because of my disability rating. My dental records express that the dentist offered treatment and the patient refused the treatment. This fact is not true, I was told that my mouth was a ticking bomb and the dentist stated that he could hear it ticking. He stated that I was ineligible to be treated. After seeing my medical record, everything became clear. The fix was in. He would not state the reason for not being eligible, and like I said he stated in my record that he offered treatment and I refused it. In a letter of inquire, dated 01/29/09 the CEO of VAMC@ Memphis,TN. stated that the attending dentist examined me and denyed me treatment, Yet, the attending dentist report that was used to support her information states that he offered treatment and I refused. They are opposing statements. My dental records have been tampered with. The time date security stamp doesn't jive . I'll explain . When you open a document a time is assigned to it, when you begin to enter text a time is assigned, and when you sign out with your ES a time ia assigned to it. Well, they signed out before they entered the text. The dentist who stated that I was not eligible, did so, on 2 documents at the exact same time which is an impossible legal task. There is no one out here who seems to give a damn about what the VA is doing . The VA is misusing the law and the intent of the law to limit dental care to veterans and use the laws against the veteran to deny them their rights. So, in June 2009, I'll know if they want to settle this matter or go to court. I am ready for both. Don't give up on your claims against the VA.

[Pete53]

Top:

I hope that you have contacted the VAOIG and complained.

Good Luck

[Wings]

I have cancer and was receiving radiation treatment via the VA @ Memphis, TN. During the 8 weeks of treatment my immune system faultered and my mouth exploded into a infected mess.

I attempted to have the radiation and oncology dept's. write me a consult to VA Dental. They denied me that option, and told me to see my PCP. She (PCP) wrote a consult to Dental on 06/05/08, with compelling reasons, and stated the treatment was reasonable due to the cancer treatment I was receiving.

Whoever your PCP doctor is, should be told that her written consult, asking for dental treatment was not not honoored by the dental dept. Have you seen her since she wrote the consult?

On 06/13/08, a remark was made within my medical records by the dental department: the reason being I was not 100%SC. I never offered that reason for treatment.

This is disability discrimination. My reason to be seen is covered by Title 38 U.S.C. 1712 (H)(ii) which covers veterans that are receiving medical treatment and are in need of dental care because it is interferring with the on going treatment.

Good work, make sure you check and double check your CFR regulations. Under the circumstances you describe, I'm absolutely certain that you qualify for dental treatment, and you know that too. You are going to have to fight them!!

The VA has used every reason at their disposal to deny me my rights under the constitution [united States Code, Title 38]. They have gone silent since I filed a tort action against the VA Memphis, TN.

They wrote me saying that I am not eligible for every reason except for the reason stated. First they said that they offered treatment and I refused, then they said that I was ineligible because of my disability rating. My dental records express that the dentist offered treatment and the patient refused the treatment. This fact is not true, I was told that my mouth was a ticking bomb and the dentist stated that he could hear it ticking. He stated that I was ineligible to be treated.

I can attest to your claim of mistreatment! One of the Dentists in my VA Clinic scares the crap out of me!! He's rude and pushy and disrespectful; one time I asked him if he'd give me a minute to compose myself. My annxiety was thru the roof. He told me he didn't have all day, and if I wanted treatment, then I needed to sit still, etc. I asked him if I could reschedule for another day when I was feeling better --and he said, Fine, I WILL write in your records that you are REFUSING TREATMNT. The dental hygenist appeased him, calmed him down, and took the chart away. I make sure not to see him!! I schedule with another dentist. Have you reported this incident to the VA Facility Director????

I don't know what a ticking in the moth sounds like, but I can easily imagine the cancer treatment negatively affecting your immune system to the point of bacterial infections. Do you have a Dental Diagnosis; what would a doctor call a "ticking time bomb mouth". I am not trying to aggravate you here, just trying to get clarity on the nature of your emergent dental condition.

After seeing my medical record, everything became clear. The fix was in. He would not state the reason for not being eligible, and like I said he stated in my record that he offered treatment and I refused it.

In a letter of inquiry, dated 01/29/09, the CEO of VAMC Memphis, TN stated that the attending dentist examined me and [he] denyed me treatment, Yet, the attending dentist's report that was used to support her information states that he offered treatment and I refused. They are opposing statements.

Yes they are opposing statements!!

My dental records have been tampered with. The time date security stamp doesn't jive . I'll explain . When you open a document a time is assigned to it, when you begin to enter text a time is assigned, and when you sign out with your ES a time ia assigned to it. Well, they signed out before they entered the text. The dentist who stated that I was not eligible, did so, on 2 documents at the exact same time which is an impossible legal task. There is no one out here who seems to give a damn about what the VA is doing . The VA is misusing the law and the intent of the law to limit dental care to veterans and use the laws against the veteran to deny them their rights. So, in June 2009, I'll know if they want to settle this matter or go to court. I am ready for both. Don't give up on your claims against the VA.

AMEN BROTHER, FIGHT THE GOOD FIGHT!! ~Wings

[Guest top213]

Hi Wings: to answer your questions, She was told and she did not look surprised at the fact that they stated that I was not eligible. It was like she was saying oh well, I tried! It did not seem to upset her, it was excepted. The law is clearly written. The VA has decided to not see that part of it. What the attenting dentist wrote into my record was blame shifting. He stated the following :

adjust RPDs, pt does not desire extractions, he was told that teeth are hopelss, mand RPD was modified at patient's request to remove posterior claps from #18 to allow for seating, Pt told that when teeth are painful he will need to get extractions and have replacements made at his expense, pt was reffered to UT. CC He does not state that extraction was offered, he states that the pt did not desire extraction, I never heard him say hopeless, he stated what I have said before, that my mouth was a ticking bomb and he could hear it ticking. I began to tell him my story of cancer and radiation and he stated that radiation treatment did not do the damage he was seeing. I told him that I knew that fact. I began to say that my immune system was failing because of the radiation and the failing of my immune system. He stopped me and told me that I was not eligibe for treatment. He didn't give any direct reason , just ineligible for treatment. He asked to see my partials< i handed them to him and he looked them over, handed them back and told me to put them into my mouth. I tried but could not get them to fit because of the swelling in my mouth. He stated that it was because my teeth had shifted. He then took his hand and pressed down on the botton plate and the pain went all over my body. So, much for no being in any pain as he recorded within my medical records. He knew that if he knew I was in pain he would have to treat the problem. So, he stated that I stated that I was in zero pain upon being seen. I was in the middle of radiation treatment with a raging oral infection and I stated that I had no pain is a lie. I complained of pain from my radiation treatment and my oral infection on a daily basis. It was at a level of 3 to 8 depending on how the day was going. So, I reached into my mouth and pulled out the lower partial. He stated that maybe I would need to put the partial back into my mouth once he made adjustments to it. He came back with the modified partial and he attempted to fit my partial to my swollen mouth. which did not work because it was floating and bumping into my swollen gums and infected teeth. The reference to UT was to a closed program that I told him was closed at the time of him telling me about it. getting past the exam and your next question, Hell, I told everyone who would listen and some who would not. I told the director of the Mediical center, I told the director of the dental program, I told my congress person , my senator, the DAV, and a few close freinds. I wrote the AG, I wrote HHS. The diagnois is: carries, periodonitis, ill fitting RPDs

Let me stated what killed the idea to begin with. 06/13/08 several days before the examination a staff dentist issued the following directive into my medical records. Let me give you the numbers PCE Diagnosis: 525.9 (dental Disorder Nos). Dental category: prior 1, Emergency (opt). the message is as follows : "Review of records reveals that pt is less than 100% SC and is therefore not eligible for outpatient dental treatment.

It is reasonable to access, but he will need to seek care with a private dentist." signed and dated. The only trouble is that I never stated that was my reason for being seen. What is strange is that this same remark was made exactly to the second on another completely different document at the exact same time. hummmm! and the time stamp is incorrect. They also made personal remarks, that I am known by my complains, within my medical records. I almost allowed this matter to pass until they lied and blamed me for not being treated and then rearanged my medical records to fit their desire. I have three letters and a remark placed within my medical record stating that I am ineligible and a Doctor's report that says "the patient does not desire extraction." I came for a dental treatment and got alesson in the misusage of the law. To Pete 53 the VAOIG doesn't handle these complains.