How To Make Complaint To A Va Doctor

[Ufrustrated2]

i see where one of my neuro's is ping-ponging all over the place with regards to my diagnosis when he calls. in 9 months he never entered any info into my chart regarding those calls, etc.

i called him on it recently and he entered a paragraph or two but nothing about the past calls or what his conversations were about.

his notes are a bit contradictory to what he has expressed and are not on the same page as my local neuro. nothing new there trust me.

due to "title 38" there is no way the VA will give the correct diagnosis due to the disability that would show. case in point, is they say i "should start injections but in no way does that warrant a diagnosis of MS". you guys/gals know the drill.

any ways, what is the correct way to put in a complaint about this and is it a wise thing to do?

[broncovet]

I agree with Commander Bob. Filing a NOD within one year is always best for the Veteran, as the Veteran would have to meet the much tougher "CUE" standard if he waited longer than a year. The VA regurarly uses this excuse to deny a Veterans appeals. That is, the Veteran has a legitimate complaint with the decision, but can not meet the strict "CUE" standard, so his appeal is denied. This is a no-brainer: If in doubt, GET the NOD out! I can not think of a single example where a Veteran says, "Gee, I wish I had not filed that NOD in time". ALWAYS ALWAYS ALWAYS it is the other way: "Gee I wished I would have filed a NOD within a year"

BOTTOM LINE: It can cost you hundreds of thousands of dollars to not file a NOD within a year. Dont do it. FILE your NOD IN TIME.

PS. File your NOD ON TIME, Certified Mail, Return Receipt Requested, as RO Shredders LOVE to eat Veteans NOD's.

Edited October 7, 2009 by broncovet

[Ufrustrated2]

i will certainly do so. i have a few more appts to wrap up IMO data, then the filling will take place, on time, via all the insurance measures you mentioned.

thnkas for your advice, i coulnd't have made it this far without this site and another one.

I agree with Commander Bob. Filing a NOD within one year is always best for the Veteran, as the Veteran would have to meet the much tougher "CUE" standard if he waited longer than a year. The VA regurarly uses this excuse to deny a Veterans appeals. That is, the Veteran has a legitimate complaint with the decision, but can not meet the strict "CUE" standard, so his appeal is denied. This is a no-brainer: If in doubt, GET the NOD out! I can not think of a single example where a Veteran says, "Gee, I wish I had not filed that NOD in time". ALWAYS ALWAYS ALWAYS it is the other way: "Gee I wished I would have filed a NOD within a year"

BOTTOM LINE: It can cost you hundreds of thousands of dollars to not file a NOD within a year. Dont do it. FILE your NOD IN TIME.

PS. File your NOD ON TIME, Certified Mail, Return Receipt Requested, as RO Shredders LOVE to eat Veteans NOD's.

[allan]

[any ways, what is the correct way to put in a complaint about this and is it a wise thing to do? ]

It will likely dig you a hole thats difficult to get out of. Could also get you redflaged as a trouble maker.

If possible stay away from VA for neuro diagnoses & treatment.

[Ufrustrated2]

unemployed now and have no other insurance.

how does a vet with a legit claim get help from the VA then if that is their only option?

[any ways, what is the correct way to put in a complaint about this and is it a wise thing to do? ]

It will likely dig you a hole thats difficult to get out of. Could also get you redflaged as a trouble maker.

If possible stay away from VA for neuro diagnoses & treatment.

[allan]

[how does a vet with a legit claim get help from the VA then if that is their only option?]

I was able to get some outside medical care through a state health program and that helped some. Then Medicare came along after I won SSA.

IMO's went on the credit card.

Complain and what help you get now dries up. It may be different for you. But that’s how it worked for me.

I filed a legit claim for tinnitus & hearing loss. The VA said I was a liar in their rating. They claimed I never was on a destroyer as a Biolerman. Their denial stated I was a truck driver the whole time.

I filed a legit claim for spinal disorders from an in service auto accident & the same RO tells my SO I never was in a car wreck, so the NSO believes the VARO rater without checking the C-file.

I filed for VA Pension & the C&P examiner found numerous neurological signs that were showing & carefully noted everything. His diagnosis was I had “Neuromuscular Disorder of Unknown cause”, but wouldn’t commit to diagnoses of MS. There was a remark put in his statement that was so out of place. It followed a sentence and said,” and he smelled an odor of alcohol on him & his clothing.” Since there was no truth to it, I know this Dr would have only submitted his medical facts. He was professional & better at recognizing & noting neurological symptoms than most the neurologist students I saw up to that point.

When My NSO at the time heard of it, he called the VA on it. VA salts the records to paint the picture they want.

Always, always get and keep currant VAMC medical records. You never know what you’ll find. Especially if you complain or advocate for any changes.

My point is, from the eyes of the VA & some SO's, vets don't file legit claims. That’s why we see yrs and yrs of scrutiny, treated like criminals and bums from the beginning, and that’s how the funding stays with the agency.

[Ufrustrated2]

i have felt like that for years dealing with them... [treated like criminals and bums from the beginning]. it has taken quite a few years to get my mojo back so to speak. i was only able to do that when they finally did some tests i had been asking for 20+ years and they came back positive. funny, for years they said there was no objective evidence. now they have objective evidence and they find another loop hole to enter -- that is i don't fit every single MS criteria know to man over the ages. ;-) you all know the drill with that one.

MS isn't funny and it has taken it's toll on my life. i'm fortunate as i can still walk and such but on the inside is like being hit by a train some days. so i guess i'll be starting some injection series soon to slow the progression, all under the banner of "unspecified demyelinating disease of the CNS". go figure.

how many people would start chemo or something like it with such a diagnosis?

they used to use that drinking thing on me too. but i quit 19 years ago, though once in awhile they bring it up seemingly looking for something to pin on me. they really don't practice medicine there do they? or am i just too frustrated with all this?

guess i've been a fool all these years trusting them. like i mentioned earlier, it was only a few years ago did i start getting my paperwork in order and seeing the wild med-labels and mis-diagnosis labels they had been putting on me. that answers so many questions as to why i've been treated the way i have over they years. no one else on this planet was treating me that way, except the VA.

now i get paperwork every other month and request changes if they are out of order. i know it makes them mad but if i don't advocate for myself no one will. and i'll have a hard time holding a job in a short while...if i ever get another one. so i have to fight for my rights.

i'll see about getting financial help and maybe being able to see another non-va doctor. credit card is out of the question as i just recently got the balance down.

any hoot, i can relate to your stories and the countless other stories on this forum. it helps that i now know i'm not insane...this is just standard op for the VA. how sick is that!?

thanks

[how does a vet with a legit claim get help from the VA then if that is their only option?]

I was able to get some outside medical care through a state health program and that helped some. Then Medicare came along after I won SSA.

IMO's went on the credit card.

Complain and what help you get now dries up. It may be different for you. But that's how it worked for me.

I filed a legit claim for tinnitus & hearing loss. The VA said I was a liar in their rating. They claimed I never was on a destroyer as a Biolerman. Their denial stated I was a truck driver the whole time.

I filed a legit claim for spinal disorders from an in service auto accident & the same RO tells my SO I never was in a car wreck, so the NSO believes the VARO rater without checking the C-file.

I filed for VA Pension & the C&P examiner found numerous neurological signs that were showing & carefully noted everything. His diagnosis was I had "Neuromuscular Disorder of Unknown cause", but wouldn't commit to diagnoses of MS. There was a remark put in his statement that was so out of place. It followed a sentence and said," and he smelled an odor of alcohol on him & his clothing." Since there was no truth to it, I know this Dr would have only submitted his medical facts. He was professional & better at recognizing & noting neurological symptoms than most the neurologist students I saw up to that point.

When My NSO at the time heard of it, he called the VA on it. VA salts the records to paint the picture they want.

Always, always get and keep currant VAMC medical records. You never know what you'll find. Especially if you complain or advocate for any changes.

My point is, from the eyes of the VA & some SO's, vets don't file legit claims. That's why we see yrs and yrs of scrutiny, treated like criminals and bums from the beginning, and that's how the funding stays with the agency.