Psych Doc Notes

[bern381]

Some time ago, when I went to the pain clinic, I had a meeting with a psychologist. She was down right confrontational and I felt like I was back peddaling the whole time. After this meeting, I obtained a copy of the notes and there were several untrue statements written in them. These statements were later copied and pasted directly into C&P exam notes. My question is, can I file a complaint? Could I get statements retracted? Would doing so delay my appeal further?

[Notorious Kelly]

I'd address each issue specifically in writing, your rebuttal to it and any evidence you might have.

Go to patient advocate and ask to have your material introduced into your medical file, and that you want notification and a copy when this has been done.

If it doesn't get done, go up the food chain until you're happy with the result.

OOps- just noticed you said C & P.

Someone more knowledgeable may chime in with advice on that, but I'd address any negative comments now.

Good luck!

Edited June 3, 2011 by Notorious Kelly

[Commander Bob]

My question is, can I file a complaint? Could I get statements retracted? Would doing so delay my appeal further?

How will a complaint help your claim? How far along in the appeal process are you? Are you asking for a DRO review or BVA? do you have a NSO or vet rep as your POA? How did you find out about the cut&paste job on your C&P exam?. Can you post more info about your claim?

I experienced a quasi-similar situation, and got a new C&P exam ordered. It has delayed my DRO appeal, however, I feel it was worth it. With the old C&P, I was sure to be denied, even after waiting over two years for the appeal.

I understand your frustration. Hang in there.

Best wishes for a successful outcome,

C.B.

[john999]

Either get new evidence to rebutt the C&P or get a new C&P. If you get a new C&P based on this stuff from the psychologist you may get the same decision. You need new evidence to rebutt the bad stuff. It happened to me also. This is when I got two new medical opinions. It was worth the cost.

[Pete53]

I hate to say it again but the only person that can fix a mistake in your VA records is the nimcomepoop who made the error and guess what the odds of that happening are.

As suggested you need a medical refutation that you can include with your records to correct.

[bern381]

I have requested a videoconference hearing before a traveling judge (3 YEARS AGO). My file has stalled at the RO. I called the BVA and was informed that my file is being reviewed at the RO. I cannot be scheduled for a hearing until they are finished reviewing my file. All I am ever told is that the file is currently under review. Getting very disgusted with the whole process. I just want an honest answer from somebody who knows anything about my claim. Thanks for listening to me vent.

[Guest]

The best and only real thing you can do is get more evidence. An IMO may cost and if you can afford it, it should be worth it as others have said. If you can't afford it, the best and only real thing you can do is to get yourself into the VA mental health clinic, or see a social worker, even on an outpatient bases to get your condition evaluated and treated. keep in mind that you need to try to open up and let the doctor/social worker know what is going on with you. It may not be wise to bring up the negative C & P exam copy and paste but if you can get better treatment records, they may help your claim.