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Doc Lied On My Husband's C&p

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hawkfire27

Question

So my husband is applying for an upgrade in his disability, to allow the 100 +60 rule for SMC.

He had to do a C&P for Diabetes II and hearing loss with tinnitus.

So the C&P just got released and I was looking through it. I was horrified to say the least.

It states that medical records were reviewed, but C-file review not required by VARO.

Medical History:

Cardiac History:

No history of Myocardial Infarction; Hypertensive heart disease; Angina; Dizziness; Dyspnea;Congestive Heart failure; Valvular Heart Disease;Heart Rhythm disturbance; other heart disease.

Pulmonary History:

No history of Dyspnea;nights sweats;

Is the veteran restricted in ability to perform strenuous tasks: No

Exam:

Motor Loss: None

Sensory Loss: None

No evidence found of Congestive Heart Failure; Pulmonary Hypertension.

Heart Rythmn: Regular

No Evidence of Abnormal breathing sounds.

DIAGNOSIS SECTION********

Does the veteran have diabetes Type II: Yes

Was a medical opinion requested: No

Veteran Denies symptoms of:

Peripheral Vascular Disease; Visual Disorders; Peripheral Neuropathy; Diabetic Neuropathy; Gastrointestinal Disorders; Genitourinary Disorders; or any other complaints.

________________________________________________________________________________

Hearing loss:

VARO request: Please determine severity of hearing loss present in STRs.

Findings: Mild to Severe high frequency hearing loss due to Military Noise exposure. It is less likely than not that the veterans hearing loss and tinnitus were caused by his military service, because there is no reference to hearing loss or treatment for hearing loss in his Service Treatment Records.

___________________________________________________

OK so that wasn't everything but most everything I disagree with.

We never denied anything in fact in the Veteran Denies symptom section we have applied for SC for all but one of these things. Which are in medical records going back at least 12 years.

My husband has had several heart attacks, coronary bypass surgery x5, and is on about twenty pills a day just for his heart. He has been diagnosed with of a the disorders above that the VA doc stated he doesn't have. The history of which is all in VA medical records that the C&P doc stated she had reviewed.

My husband has a heart murmur, and COPD, so his breathing and heart rhythm are anything but normal.

And as for being restricted by strenuous activity, he just had his PC doc put him in for A&A and acknowledged he can not walk more than a block without severe angina and fatigue. Sooooooooo

And how about the response for hearing loss? LOL! What a joke!

My question is WTF? How will this effect the other claims for neuropathy, Ischemic Heart disease. I have furnished the VA with the evidence of these disorders so hopefully the stupid broad that wrote this want hurt the case to much.

My other question is....Where the hell do they find these people?

Edited by hawkfire27

We are a Vietnam vet and vet's wife, we are not lawyers or VSO's we're just learning as we go.

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The rarity is finding one who tells the truth. It is such a shame the direction the VA is headed. This must be one of their ways to combat the million claims behind, lie and deny and hope they won't reapply with NOD's and appeals.

Good luck with your processes. :D

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No the person was not an interpreter, they were the receptionist from the C&P window. He was called in because my husband started getting really upset about the fact he couldn't understand the doctor, so she stepped outside and got the guy to sit in I sure she was thinking more of her own benefit than ours. He perhaps wasn't an "interpreter" as far as formally, but he was the one explaining everything to us when the doctor wasn't making any sense. She kept arguing with my husband about his years of service. She also stated at one point she wasn't allowed to view and medical records at all, she was just to examine him and write down her findings. We had all the proof of Diabetes exisiting concurrently with his heart attack.

We are going to take your advice and go see the director on friday when we go back to El Paso. Good thing is my husbands psych is the chief of staff, so will have a word with her also. Then decide if we are going to take it further.

I still don't understand whether this will be taken into account with his other claims disabilities. The C&P was supposed to be only for the Diabetes and the Hearing Loss. Do you think they will use the same C&P for everything else as well?

The whole thing seems jacked up, if you ask me. The fact that the doctor did not speak english and could not be understood is the first red flag. The second is the interpreter, the doctor brought them in without your prior consent and because they don't have a medical license it's a violation of your husbands HIPAA right to privacy. I think your next step is to let the director know you might consider an attorney as your HIPAA rights were violated. At the very least you should contact the state medical board and report the "quack". You might also ask for another exam, I think you have earned it!!!

JMO,

Bergie

As a combat veteran, or any veteran for that matter!!!

If you thought the fighting was over when you came home, got out, or when the politicians said it was over.

Welcome to the real fight, welcome to VA claims!!!

"Just sayin"

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Was the interpreter a medical person, and were they authorized to interpret. This is important because you can use this against the VA. If you go to any hospital only people with a medical background are allowed to interpret, the clerk or house keeper are not allowed to interpret because they may make a mistake in the translation. I would file a complaint with the VARO director or whoever is incharge. Also, if you want to return the favor to the incompetent doctor, all that you have to do is contact the states medical board and file a formal complaint. They will need documented proof, which it looks like you have. This will bring some heat on the doctor and maybe some justice for you and your husband, because the doctor will have to answer for his incompetence.

Hope this helps,

Bergie

Bergie,

Do you have any links to support the contentions above ?

carlie

Carlie passed away in November 2015 she is missed.

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Bergie,

Do you have any links to support the contentions above ?

carlie

First of all, Bergie, the state's medical board will probably have NO weight, NO importance, when it comes to this patient, or any other patient in a VA medical setting. Why? Simply because the VA is a Federal institution and MOST of the doctors that practive as an employee at the VA medical centers do NOT even belong to the state's medical board in which the VA hospital is located, MOF, most VA drs. do not belong to ANY state's medical board.

And, as far as the interpreter is concerned, if the interpreter is not a licensed medical professional, then the HIPPA Act has been grossly violated if this person, by acting FOR the medical facility, came into knowledge concering the patient's health status, in any way.

just sayin..........

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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Thanks for your replies. everyone! :)

I think I will take bergie advise about seeing the VA director and I will look up the HIPPA regs and find out how all that works....Anyone know much about this specifically??

As for the state medical board, all VA docs must have a state medical license. It doesn't matter which state it is from but they have to have at least 1 from 1 state in the USA to practic in a VAMC or VA Hospital. So I just have to find out what state she was licensed in and make the conplaint to that state.

I rang the VA and inquired about what licensing I would need to have if I want to work as a physcian for the VA...... :D

ANy further advice would definately be appreciated.

LarryJ -

Just wondering....We didn't request that this person be in the room. We didn't request an interpreter, the doc just said she was going to get someone to sit in on our appointment.....Then introduced ****** and went on with the appointment. Does this falls into the category of violation of HIPPA act?????

http://www.hhs.gov/ocr/privacy/hipaa/under...mers/index.html

Edited by hawkfire27

We are a Vietnam vet and vet's wife, we are not lawyers or VSO's we're just learning as we go.

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Looks like your privacy web address at the bottom of your post is self explainatory. The laws are clear, and your husband's were violated. Did you report this physician and clerk to the Pt Advocate? To the FOIA officer at the hospital either? Did you go to the clinic and get a form they have that disputes the examiners documentation and request for a new exam?

I signed a form the clinic gave me, but I don't know the # as I believe it was just one they developed, anyway I disputed what the Dr wrote, and requested a new Dr and it happened within a few weeks I got a new PCP.

This wasn't for a C&P exam, just my new appt with a new PCP, she is/was a foreigner who lied and the staff were well aware of it as they gave me a form to write my complaints/concerns/requests.

She had me sit in the exam room 45 minutes walked in 1 minute and left. Yet she later used a check off sheet that she did a complete exam...what the F?

Staff knew not true as I asked when was she coming in to do my exam...they said she said she is done...

I looked for her a few times as I waited so long, she never had a stethoscope on so how could she listen to anything??

Wait maybe she was superwoman could see through walls, and had xray vision, and hearing what was going on all over the world...no wait she was STUPID WOMAN!!

Then she left early when I came back to the clinic with my issues and complaints, she went home early...HUMMMM.

She told me she "wasn't licensed to order pain medicine", that was the jist of our conversation/non-exam!!

Make waves, don't settle for this mistreatment.

Thanks for your replies. everyone! :)

I think I will take bergie advise about seeing the VA director and I will look up the HIPPA regs and find out how all that works....Anyone know much about this specifically??

As for the state medical board, all VA docs must have a state medical license. It doesn't matter which state it is from but they have to have at least 1 from 1 state in the USA to practic in a VAMC or VA Hospital. So I just have to find out what state she was licensed in and make the conplaint to that state.

I rang the VA and inquired about what licensing I would need to have if I want to work as a physcian for the VA...... :D

ANy further advice would definately be appreciated.

LarryJ -

Just wondering....We didn't request that this person be in the room. We didn't request an interpreter, the doc just said she was going to get someone to sit in on our appointment.....Then introduced ****** and went on with the appointment. Does this falls into the category of violation of HIPPA act?????

http://www.hhs.gov/ocr/privacy/hipaa/under...mers/index.html

Edited by halos2
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