hypertension Doc Lied On My Husband's C&p

[hawkfire27]

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 March 9, 2010 by hawkfire27

[LarryJ]

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?????

If it was another person (doctor, nurse, technician) involved directly in your care, then "no", not a violation..........otherwise "yes" it is a violation of the HIPPA act.

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

Edited March 11, 2010 by LarryJ

[carlie]

IMO, if the doc brought someone into the room

for what-ever reason, and the patient decided

to carry on a conversation with the doctor,

that does not fall into breaking HIPPA confidentiality.

The patient had the express right to NOT continue the discussion.

I believe way more is being read into this than what the laws actually state.

If I am talking with a medical professional and the janitor comes in

to take out the trash - I can shut up until the janitor leaves the room,

I can quit talking, I can tell the doctor to stop discussing my health with the

janitor in there - I can get up and leave the room, etc...

I believe this issue will only drain your energy away from

your claims issue.

If you put a complaint in writing to the VA Director, probably the most that

would ever come of it is the director sending the doctor to a 1 hr class

on HIPPA laws.

jmho,

carlie

[NavyVietNamVet]

IMO, if the doc brought someone into the room

for what-ever reason, and the patient decided

to carry on a conversation with the doctor,

that does not fall into breaking HIPPA confidentiality.

The patient had the express right to NOT continue the discussion.

I believe way more is being read into this than what the laws actually state.

If I am talking with a medical professional and the janitor comes in

to take out the trash - I can shut up until the janitor leaves the room,

I can quit talking, I can tell the doctor to stop discussing my health with the

janitor in there - I can get up and leave the room, etc...

I believe this issue will only drain your energy away from

your claims issue.

If you put a complaint in writing to the VA Director, probably the most that

would ever come of it is the director sending the doctor to a 1 hr class

on HIPPA laws.

jmho,

carlie

C & P doctors are not the cutting edge of their profession. If there's a local chapter of the Disabled American Veterans, any vet can get a case officer to handle/help with things like this. There's also the Patient Advocate's Office, which is only slightly more effective than scolding the doc yourself...but it shows you covered the bases.

Now, for the Big Guns: email, write and fax your senator, representative and do it again until you get a response.

The majority of VA doctors either can't practice anywhere else or they're working off student loans before heading back to their home of origin. If they were in a civilian hospital, they'd be interns, not seeing patients unsupervised.

For a doctor who's less than up on his profession...or downright inept...C & P is the place to be. It's assembly line/no brainer "medicine".

I'm currently fighting an evaluation where it said: "This veteran could work, he's just lazy...."

[Pete53]

I am with Carlie and I bet the person was an intern or student. All VA's are teaching hospitals.

[deltaj]

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?

I believe that it is imperative that your husband appoint a service officer with a service organization to help him prepare a Notice of Disagreement. V.A. law is complex and notices of disagreement must cite pertinent V.A. law found in Title 38 United States Code and pertinent V.A. regulations found in Title 38 Code of Federal Regulations. Rememember that he only gets one Notice of Disagreement with each decision on all issues (evidence of record, percentage of rating, effective date, denial of service connection, etc.) You asked how this decision could affect his claims for neuropathy and ischemic heart disease. Both you and your husband need to understand the phrase deemed denied. You mentioned ischemic heart disease. Is your husband a Vietnam veteran? Does his DD214 (discharge) show service in Vietnam? Service records on many veterans burned at the fire at the National Personnel Records Center in the early 1970s. I suggest that you take your husband to the V.A. Medical Center where he is being treated and have him make an immediate written request copies of all of his medical records from VAMC. After he gets a service officer appointed from a service organization to assist him in preparing a Notice of Disagreement talk to that service officer about having your husband make a written request to VARO for copies of his C file. I suggest this because if he mentions one word about the recent decision in his letter VARO will construe that as his Notice of Disagreement and his chance to appeal that decision will be gone forever.

Edited March 13, 2010 by deltaj

[deltaj]

Yeah the doc ordered tests, and these are the findings after the tests. I just can't believe it. There is also a bunch of things like blood pressures and Motor tests that tests his strength. None of this was ever done, but there they are, the results typed up that are completely fictional. We spent the first 30mins of the C&P trying to find an interpreter because we couldn't understand the Doc. And the interpreter is noted as being present.

The other thing that really bothers me is that I am a lot younger than my husband and she asked me my age and included my name and age in the C&P findings.. What has the wife's age got to do with the Vet's C&P. The doc made a big deal about this at the time. Thought that was kinda weird.

Unfortunately the 30 days have passed for us to submit more evidence. The C&P was released 15 days after my window for submitting further evidence closed. Way to go VA, I love how they coincide the C&P release date to the end of the vet's ability to submit a rebuttal. Will just have to wait and see and probably start the never ending appeals process.

You apparently have the misunderstanding that your husband has only 30 days to submit new and material evidence in support of the claim. He actually has one year from notification of the decision under the provisions of 38 CFR 3.400 (q). I noticed recently that V.A. Office of General Counsel Precedent Opinion 1-2003 explains why some claimants develop the misconception that a claimant only has 30 days to submit new and material evidence when a claimant actually has one year to submit new and material evidence. Your husband's health is poor and realistically he may not live for that year. Accordingly, you as his spouse must be proactive on his behalf, keep him calm, and take good care of him by feeding him a proper diet and overseeing his symptoms and medication and at the same time begin to educate yourself about V.A. laws and regulations. How long has your husband had his 100% rating? I ask this because of the provisions of 38 USC 1318. The cruel reality at V.A. is that many widows of totally disabled veterans have been denied DIC because the veteran died of non service-connected causes and died before the 100% rating had been in effect for 10 years. Also make sure that when your husband dies that his death certificate lists service-connected cause(s) of death.

Edited March 13, 2010 by deltaj