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

[hollywoodnc]

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.

hawkfire...

I TRULY sympathize with your dilemma with the VA, in regard to dimwit doctors rendering opinions that are considered as unfair and misleading in the REAL Medical community.

I was attracted to your post and hit the roof, because, it is the IDENTICAL scenario with the nimrods employed under the VA umbrella, who, in MY case have performed the same stunt, time and time again. My file is littered with all of these discrepancies and misleading statements.

This is the ploy used to deny claims by the DVA, and is the primary reason why I want out of the roles.

I have constructed a blog, for ALL of you to read, however, I MUST await approval by T-Bird before posting it on THIS site. It's the least that I can do, being that t-bird webmasters the site, and I don't want to cause any ill feelings.

Anyway, I do hope that tbird gives the word soon...just keep your eyes peeled for the next few days. You will be surprised at what I have to say, and what I want to do regarding this defunct agency.

[hollywoodnc]

I only responded to ONE post on this thread hawkes'.

Instead of addressing ALL posts, I decided to post directly to the thread...

I know that you all mean well, but quite honestly...NONE of these plans will do any good, being that it is NOW a part of this Veterans "Permanent Record", and decisions made will be based on this nimrod doctors opinion.

You all know this to be FACT.

The DVA is NOT on the side of the Veteran, thus the reason why we are on this board discussing this. Call it what you will, but it is and always has been an "Us vs Them" mentality, aand they have the ammunition in the form of Delaying, Denying and Hope that WE Die agenda.

This gentleman has a physical problem which may or may not be attributed to his service in this country. However, to have to resort to an interpreter to explain issues, when that individual possesses NO MEDICAL BACKGROUND...well, it is DEPLORABLE...PERIOD!

Carly, Berta, and others on this board that are familiar with a few of my prior posts are aware that I am a thorn in the side of the Dept.. I am in NO WAY intimidated by the "Big Bad Gov't." And my Service Officer has asked me to tone it down when submitted my comments and disagreements...I refuse, and will not be the submissive Veteran, and beg for the benefits, fore which WE ARE ALL ENTITLED TO UNDER THE LAW! Sorry, but that's who I am.

I humbly ask all of you reading this, to demand that your rights to these entitlements are not trampled upon, by ANYONE and if they are, you will stand up and hold them accountable! We CANNOT allow this to continue!

These incompetent pricks MUST be terminated from their jobs, if they cannot perform them.

I am so sick to my stomach, that we are being treated in such a fashion. Hawke is just one out of thousands and thousands of Veterans that are shafted by these JOs' on a daily basis.

The CBS airing of Delay Deny and hope that I Die, was as an accurate assessment to the treatment of our Veterans. I truly thought that this story would bring about change. But, as you see, it's the same old bullshit different day mentality at our "Executive Agency"!

Thanks for reading this, and sorry for its' length.

[hawkfire27]

Well just an update guys….

his whole situation is starting to really get me down. I tried for four days to contact someone with the authority over the doctor who performed the c&p. Showed up at the VA went to the chief of staff office expecting to talk to the chief of staff, but they fobbed me off to their assistant. Who actually did a pretty good job. The assistant told me what needed to happen to have the C&P record amended, which would then put a hold on the disability rating at VBA until the record was corrected.

So We had to visit the Privacy Office of

a form to “Amend” the C&P, as the c&p cannot be done again…For what reason I still don’t understand.

So we are in the privacy officers office, the same lady we dealt with when we received the wrong medical records from the release of information office… (Yip had that happen to), and she instantly has an attitude with me, she has one of those really annoying ways o talking where if you get upset she starts talking in a super calm condescending voice and then get louder when you disagree and switches straight back again and smiles (grrrrr I wanted so bad to wipe that stupid smile off her face)….Well then my husband arrives having finally gotten through travel pay, and he asks where he can find information on the doctor license.(the one who performed the c&p)she immediately starts in about what she can’t do, and won’t tell us who can help us and finally asks us to leave her office and sends us down to the patient advocate, (but she called it something else otherwise we would never have gone there),

Now we are sitting in the patient advocates office, with no idea what they can do to help, so my husband asks the assistant his questions.. the advocates assistant tells him he can’t help him and that he needs to talk to the the VARO about the doctor, which was completely contrary to what the chief of staffs assistant had told he. He was then told the office was closing because it was 4:30. Well we had been at the VA for over 3 hours trying to get a resolution the C&P problem and my husband didn’t want to leave until someone answered his questions.

My husband has 100% PTSD SC’ed, he is generally pretty good when it comes to patience, and controlling his temper, but by this time, having been there so long and in pain, and fobbed off to four or five different people he started raising his voice and asked the guy in the Patient Advocates office how he would feel about the situation, and he agreed he would be pissed too. Well it seems that sometime between leaving the Privacy officer office and the time they showed up, someone had called security for us to be escorted from the premises. Three armed guards, and a US Army MP, escorted us from the building and then followed us a good couple of miles after that!!!. We were told not to come back “for a while”.

Ha! this was funny!! But like I told my husband, they are so scared of you they called three armed guards and the US Armny just to deal with one old man, I would take that as a compliment!!!!!!

We still don’t know what we did. Sure my husband was upset but the advocate admitted he had a right to be. I guess it was because it was close to closing time and everyone wanted to go home. Yeah just kick him out and hopefully he will go away.

Since then I found out the C&P doctor is a board certified, Neonatal Pediatrician, a kid doctor, trying "not" to diagnose advanced heart disease in someone of retirement age.

I also found the following law:

US Code Title 18, Part 1, Chapter 47

§ 1035. False statements relating to health care matters

(a) Whoever, in any matter involving a health care benefit program, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; or

(2) makes any materially false, fictitious, or fraudulent statements or representations, or makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry,

in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 5 years, or both.

I also found this webiste that explains the terms "Knowingly and Willfully" http://www.justice.gov/usao/eousa/foia_rea...e9/crm00910.htm

Basically this doc should fall under this because she knows how the electronics records (Vista) works, she stated she reviewed medical records, she saw my husbands bypass scar, so she knew he had heart problems, and she chose not to write these findings in the record. This was also not a mistake, because she falsified records, for neurological exam she never did, and there are errors on over five pages of the C&P records." SO if anyone knows a lawyer in New Mexico that could help get this doc removed from C&P examination...I would really appreciate it.

Edited March 14, 2010 by hawkfire27

[hawkfire27]

Thanks Deltaj, but this is only the C&P this is not a decision, the c&p is for Diabetes and Hearing Loss. We are trying to get this C&P changed before it goes to a rater.

Great advice though.....

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.

[hawkfire27]

Well just an update guys….

his whole situation is starting to really get me down. I tried for four days to contact someone with the authority over the doctor who performed the c&p. Showed up at the VA went to the chief of staff office expecting to talk to the chief of staff, but they fobbed me off to their assistant. Who actually did a pretty good job. The assistant told me what needed to happen to have the C&P record amended, which would then put a hold on the disability rating at VBA until the record was corrected.

So We had to visit the Privacy Office of

a form to “Amend” the C&P, as the c&p cannot be done again…For what reason I still don’t understand.

So we are in the privacy officers office, the same lady we dealt with when we received the wrong medical records from the release of information office… (Yip had that happen to), and she instantly has an attitude with me, she has one of those really annoying ways o talking where if you get upset she starts talking in a super calm condescending voice and then get louder when you disagree and switches straight back again and smiles (grrrrr I wanted so bad to wipe that stupid smile off her face)….Well then my husband arrives having finally gotten through travel pay, and he asks where he can find information on the doctor license.(the one who performed the c&p)she immediately starts in about what she can’t do, and won’t tell us who can help us and finally asks us to leave her office and sends us down to the patient advocate, (but she called it something else otherwise we would never have gone there),

Now we are sitting in the patient advocates office, with no idea what they can do to help, so my husband asks the assistant his questions.. the advocates assistant tells him he can’t help him and that he needs to talk to the the VARO about the doctor, which was completely contrary to what the chief of staffs assistant had told he. He was then told the office was closing because it was 4:30. Well we had been at the VA for over 3 hours trying to get a resolution the C&P problem and my husband didn’t want to leave until someone answered his questions.

My husband has 100% PTSD SC’ed, he is generally pretty good when it comes to patience, and controlling his temper, but by this time, having been there so long and in pain, and fobbed off to four or five different people he started raising his voice and asked the guy in the Patient Advocates office how he would feel about the situation, and he agreed he would be pissed too. Well it seems that sometime between leaving the Privacy officer office and the time they showed up, someone had called security for us to be escorted from the premises. Three armed guards, and a US Army MP, escorted us from the building and then followed us a good couple of miles after that!!!. We were told not to come back “for a while”.

Ha! this was funny!! But like I told my husband, they are so scared of you they called three armed guards and the US Armny just to deal with one old man, I would take that as a compliment!!!!!!

We still don’t know what we did. Sure my husband was upset but the advocate admitted he had a right to be. I guess it was because it was close to closing time and everyone wanted to go home. Yeah just kick him out and hopefully he will go away.

Since then I found out the C&P doctor is a board certified, Neonatal Pediatrician, a kid doctor, trying "not" to diagnose advanced heart disease in someone of retirement age.

I also found the following law:

US Code Title 18, Part 1, Chapter 47

§ 1035. False statements relating to health care matters

(a) Whoever, in any matter involving a health care benefit program, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; or

(2) makes any materially false, fictitious, or fraudulent statements or representations, or makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry,

in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 5 years, or both.

I also found this webiste that explains the terms "Knowingly and Willfully" http://www.justice.gov/usao/eousa/foia_rea...e9/crm00910.htm

Basically this doc should fall under this because she knows how the electronics records (Vista) works, she stated she reviewed medical records, she saw my husbands bypass scar, so she knew he had heart problems, and she chose not to write these findings in the record. This was also not a mistake, because she falsified records, for neurological exam she never did, and there are errors on over five pages of the C&P records." SO if anyone knows a lawyer in New Mexico that could help get this doc removed from C&P examination...I would really appreciate it.

[*Bergie*]

Bergie,

Do you have any links to support the contentions above ?

carlie

Carlie,

I don't have any links to it but it is common practice in hospitals. I believe if you contact a local hospital they might be able to provide clarification. I've been an RN nearly 20 years and this has been the policy in hospitals I've worked in for the last several years.

Bergie