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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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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..........

Larry,

All doctors, in order to practice medicine have to be licensed in some state. I am aware of the VA's policy regarding licensure, but as I said they cannot practive medicine without a license.

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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  • HadIt.com Elder

In my opinion the best way to overcome a bad C&P is to get a Medical Doctor to do an opinion that contradicts the bad one and calls the VA out for the bad one.

The VA Policy is to leave it up to the idiot who gave the bad C&P to correct it and that rarely happens.

Veterans deserve real choice for their health care.

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It has come to a time, where we will have to have an attorney, with a medical background present with the Veteran, while an exam is being conducted. Truly a pathetic, defunct agency.

Now, this Veteran has a situation to resolve...

A deliberate mis-statement made on the claim, by an IDIOT, where as the Veteran has to delay the claim until, this discrepancy is corrected.

Knowing the VA, they are going to re-schedule him to report for another C&P, further delaying the claim.

Who's to know if he will get another quack examine him accurately and fairly?

Who's to say IF this 2nd idiot doesn't render a worse diagnosis?

Pete53 is correct...

This Veterans best bet is to let the original evidence on record STAND (for NOW), get a Private Cardiologist to perform a thorough exam (in his favor of coarse), and deal with the controversial opinion or the quack at the appeal, and use the private doctors opinion to quash the VA morons opinion.

Doing anything other than going forward is just going to turn this into a confusing nightmare.

AGAIN, and as usual, another Veteran is thrown unnecessarily into the appeal hell!

The delay game continues...

Edited by hollywoodnc
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  • HadIt.com Elder

I will give you my experience.

As most know I was placed in a room with two Psychiatrist at my local medical

center.

My husband was not allowed to go back with me.

When I received a copy of that C&P there was very little truth to it.

I placed in writing a complaint to the Patient Advocate and went as far as D.C with

my complaint.

I received a letter back the two Psychiatrist did not wish to change anything.

From that C&P I received my denial due to Personality Disorder being in AXIS 11

althought they were generous enought to give me an AXIS 1 of Chronic Anxiety with

a GAF of 40.

I had had a C&P 5 months earlier with a Psychologist of the VA's Choosing with a

" More Likely than Not" her illness began in service.

The only way I over came all of this was to go to the internet and look

for an Expert in the field of Psychiatry.

I went to his office in Washington, D. C.

The Judge at the BVA granted me benefits with 16 years retro.

In my opinion, you may have to do the same.

Betty

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Go here and tell me what you think. Is this to far fetched? Are any of you mad enough to want out? I am. I'm at the end of my rope. E-mail address at the bottom.

http://usgovissues.blogspot.com/2010/03/us...ass-action.html

Edited by hollywoodnc
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My husband is currently 100% SC'ed with PTSD P&T for over 20 years now. A few months ago I was looking over the HADIT.COM forums and I came across SMC. Now we didn't even know about this, and were promptly informed that SMC is an inferred issue. Technically he should be able to get SMC at the "S" rate, because the very nature of 100% PTSD makes him housebound according to the Schedule of Ratings for !00% PTSD.

My husband also wants to make sure I am taken care of and wants all his SC'ed disability officially SC'ed just in case for DIC purposes. So I have started the long process of getting everything sc'ed. Hopefully this will also increase the chances for his A&A claim.

Anyway Please see attached letter dated March 18th, 2010, this is the second letter my husband received for his disability claim. The first one was the general "we have received your claim, please send any evidence you would like to help you claim" sort of letter. So we compiled a bunch of evidence for each condition and send it off citified return receipt.

Now we have gotten the attached letter back that doesn't make a lot of sense.

You will notice after reading it that they state they only received:

"A request to add secondary conditions to your existing claim". Not sure where they got this from because we sent in evidence for the existing claim, which they are obviously taking as secondary.

I wonder why they haven't stated they received evidence for the existing claim for the 10 conditions he is applying for. And then they are requesting information for the conditions when we have already sent this in.

Any thoughts on how I should proceed with this??? Not sure what type of evidence we should submit as I submitted all the specific VA and Army medical records.

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post-6130-1269400941_thumb.jpg

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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