Will The Bva Call Fraud On Their Own Va. Doctors?

[Josephine]

The RO is not going to call fraud on its own Dr's. If they still dont want to grant benifits they will ignor the C&P.

Will the BVA call Fraud on their own Doctors'?

October 6, 2006

Dear----

We are writing in connection with the claim that was remanded by the Board of Veterans Appeals on April 10, 2006, however we need additional information or evidence.

WHAT WE HAVE DONE?

We asked the VA medical facility who conducted your April 2005 examination to review and make a new medical opinion in your appeal. They may contact you to report for a new exam. This exam is very important. If they ask you to report and you fail to attend the exam, we may have to deny your claim, or you might be paid less than you otherwise would. If you can't report for the examination as scheduled, contact the medical facility and arrange a more convenient place or time.

HOW CAN YOU CONTACT US

This letter will give you the phone number to call.

What in the world do they want me down there again? It is black and white, that the lady psychiatrist lied through out my complete C&P of April 2005.

The male doctor, that has the claims file, would not sign the C&P. What else can I possibly show them or tell them?

I have told them the same old story for years. I have proven with my military and private medical records, what is there left for us to discuss?

Thanks,

Josephine

Edited October 15, 2006 by Josephine (see edit history)

[Berta]

"It is black and white, that the lady psychiatrist lied through out my complete C&P of April 2005"

Josephine, I was sorting my VA stuff last week and read a SSOC VA medical report used to deny my claim that ended with a statement that I felt was not only untruthful but it was slanderous.

It still hurts so much to read this statement but I did knock the statement down.

Ironically this doctor who went against my claim twice, but I did succeed anyhow,

supported -by phone -my 2003 claim but felt he could not offer an opinion on my new claim as I had already knocked down the past two that he gave the VA.

I am glad I made that phone call because his statements in 1996 had bothered me for many years.

Come to find out- the VA had not given him all of the medical evidence.If he had all of the evidence he would not have made the awful statement.He knew it was inappropriate and completely medically unfounded.

My point here is that a claimant has to combat negative medical opinions with anything they have.

The truth, by documented fact, is the best way to do this.

When you appealed your claim were you able to point out they she made statements with no rationale at all?

You mentioned a few things she said- were you able to prove that no evidence existed to support her statements?

I read somewhere in another post that perhaps this was a basis for a lawsuit due to slander but I dont see that basis at all.

We have to discredit poor C & P exams with medical proof that the doctor's opinions are unfounded.

Just as we have to provide evidence of our claims, the VA doctors have to provide medical evidence to support their position.If their opinion has no rationale or documented basis, we can discredit it.

Dr. Bash clearly questioned that the VA "expert" doctor's opinion I got ,as it contained no rationale

whatsoever for her opinion nor did it contain a medical explanation for the veteran's high glucose readings.

The VA doctor did not even know these readings were done after the veteran had not been able to eat for 19 days.She stated she didnt know if they were fasting readings or not and had only asked for 3 or 4 pages of the 5 volume file.

Were you able to discredit that female psychiatrists past statements with documentation that is highlighted specifically to show that she is wrong?

[Berta]

"It is black and white, that the lady psychiatrist lied through out my complete C&P of April 2005"

Josephine, I was sorting my VA stuff last week and read a SSOC VA medical report used to deny my claim that ended with a statement that I felt was not only untruthful but it was slanderous.

It still hurts so much to read this statement but I did knock the statement down.

Ironically this doctor who went against my claim twice, but I did succeed anyhow,

supported -by phone -my 2003 claim but felt he could not offer an opinion on my new claim as I had already knocked down the past two that he gave the VA.

I am glad I made that phone call because his statements in 1996 had bothered me for many years.

Come to find out- the VA had not given him all of the medical evidence.If he had all of the evidence he would not have made the awful statement.He knew it was inappropriate and completely medically unfounded.

My point here is that a claimant has to combat negative medical opinions with anything they have.

The truth, by documented fact, is the best way to do this.

When you appealed your claim were you able to point out they she made statements with no rationale at all?

You mentioned a few things she said- were you able to prove that no evidence existed to support her statements?

I read somewhere in another post that perhaps this was a basis for a lawsuit due to slander but I dont see that basis at all.

We have to discredit poor C & P exams with medical proof that the doctor's opinions are unfounded.

Just as we have to provide evidence of our claims, the VA doctors have to provide medical evidence to support their position.If their opinion has no rationale or documented basis, we can discredit it.

Dr. Bash clearly questioned that the VA "expert" doctor's opinion I got ,as it contained no rationale

whatsoever for her opinion nor did it contain a medical explanation for the veteran's high glucose readings.

The VA doctor did not even know these readings were done after the veteran had not been able to eat for 19 days.She stated she didnt know if they were fasting readings or not and had only asked for 3 or 4 pages of the 5 volume file.

Were you able to discredit that female psychiatrists past statements with documentation that is highlighted specifically to show that she is wrong?

[Josephine]

The truth, by documented fact, is the best way to do this.

When you appealed your claim were you able to point out they she made statements with no rationale at all?

Berta,

Thanks so much for taking your time to help me. I am just about over the edge now. I know that you have read my remand and it didn't make a lot of sense, as so much of my story was left out.

Berta,

What has bothered the most are these accusations:

One medical record says that she is a Gravia 3 Para 3, but the patient claims to have only two children.

I made sure that the BVA and The AMC received a copy of Dr. G. S. medical record. He states that patient is a Gravida 3 para 2.

Berta, yes I conceived 3 times, but I lost a son at 4 months into my pregnancy between my two daughters. I took hormone shots and everything to save him, but God did not allow this. His body was sent to Health Department in Richmond and he was born in a local hospital. Dr. S was the doctor that delivered him.

This one cuts too deep!

She denies any eating disorder or self- inflicted injuries according to her.

Berta my medical records clearly show that I am a diabetic who's A1C was 13 before it was discovered, which was the cause of the stroke. Self- infliced injuries, she was welcome to look, but they will never find a mark or scar on me.

Berta,

I know that I have lost 45 lbs, but was certainly due to being a diabetic and nothing else. The Va. has all of those records.

The complete C&P is like this from being a drug addict, beating up my husband, throwing food all over the floor, tearing up the house and there is no end to what she says about me.

If you look at the Historian personality- she took a textbook and placed me in it.

My husband and may two daughers, all wrote letters pertaining to these accusations and had them notarized, so that no one would destroy them. The three of them called a liar, as I have, but in nicer English!!

You don't attract Bee's with Salt!

The Veteran stated that she told Dr. B.C.C. that she "couldn't" handle it anymore because of the headaches, nervousness and tremors and that a " Psychiatric Review was arranged.

Dr. L says not true, I only saw him for a headache.

This is the reason that I sent Dr. B.CC his military medical records of me to clarify his role in my dishcharge. I was telling the truth, that is exactly what he did and he did assist me with my discharge.

Enough of this. Yes, I can prove black is black and white is white and she is a liar.

I do not blame the male psychiatrist that was in the room with her, for not signing this C&P. He teaches at the Univeristy of my state and why would he want his license at question.

He is the one that has my claims file now.

I took every paragraph of her examination and typed the truth underneath it from my private and military records.

She states that what I consider to be indictative of abuse that she does't.

Good for her, sure hope that some doctor jerks her up by the neck until she wets all over herself and see what she considers it near drowning over and over in their darn pool and being cussed out every day just about by their doctors.

Berta,

Why would they need me back down there. I am just worn out. If I owned a scanner, I would scan that C&P and let everyone read it. She has so many quotation marks in it, that it is difficult to read.

This is why my board Certified Internist of 29 years states that she is patently incorrect in her facts. If you think about him, with him being my doctor for 29 years over half my present age, he would know me better than any of them would with their 1 hr at most examination.

Josephine

Edited October 15, 2006 by Josephine (see edit history)

[Josephine]

Dear veteran

If the C&P is bad then the VA by law has to re do it. Bring to the next C&P the documents that show your are SC and in a very short time period. spoon feed the examiner.

It is easyer to prove the Dr opnion is not within the standard of medical pratice than fraud.

If this C&P goes bad. Get an IMO to refute it.

Terry Higgins

Terry,

The remand from the BVA states for them to reconcile their differences and give them a complete rationale for their decision, that nothing bothered me in service.

I am assuming, if they wish to call me for another C&P, that it will be with him. The male psychiatrist that was a party to the first examination, that would not sign it, as he has it on his desk. I certainly will not go back and see that lying women psychiatrist. I will contact the Va. Board of License, if she doesn't take back what she said.

She can bet on this one. I had to write to the New York Board to please send me a link to the Virignia Board and they did.

Thanks,

Josephine

[Josephine]

Dear Josephine

The quickest to get your claim denied is not to show up to the C&P and not answer questons.

Being as that is. you have a right not to be abused. For the last 2 years I have seen my VA psychitrist and refused to answer any of his questons and state over and over that I was retaliated by the RO because the RO read complaints I made about how corrupt they were and denied my benifits based upon what the Dr said about the VA corrupton

Exampel. I spent 10 years in a va hospital and vets home for my SC condition, 22 years on SSDI. The RO read the VA Dr statements on my concern about the RO fraud. The RO gave me one year back pay because I must be 100% now that I was wtihin the last year complaining about the RO. there was a bunch of crazy making rulings like that. I have been so damage by that. Now the only issue with me and the VA Dr is what they are gong to do to protect me from the RO.

If I ever have another C&P I will go but I will only talk about my need for protecton. I will warn them if they cut me off I will surrender to a jury iin progress. get myself arrested and have my own judge,jujry, lawyer to tell of all the criminal acts the VARO is commiting against me. I did that threat 2 years ago when they illegally cut my check. Within 4 days the check was in my mail box.

You to if you have the proof. you Have a right to be protected from the abuser and have that be the only issue before the VA until they protect you.

Terry Higgins

Terry,

I see what you are saying. If requested for another C&P examination, I will go, but I will not let them beat me to a pulp.

No hypnosos and someone will be going back with me.

Never again, will I walk into an office with two doctors and have no witness for myself.

I realize that I cannot take an attorney and I am not allowed to tape the examination, but this time I will have protection against them.

Thanks so much for your story, as I know that it is very painful for you to speak of it.

Always,

Josephine

[Berta]

Josephine-there was a lot to the Remand as I recall- I believe the BVA said all tests were to be performed if an additional C & P was required.

I would think they mean at least the MMPI, when they say tests. This is the Minnesota Multiphasic Personality Inventory test.

I worked for a psychologist for quite some time and he used this test to help diagnose all of his patients.

If the VA gives you any psychological tests I dont see how they could manipulate the results. These tests are a very good tool for proper diagnosis.

They have other tests too and they all can produce a result that a VA examiner can interpret but cannot change what it reveals. It is the best diagnostic tool-in many cases-that could help your claim.

This veteran was granted entitlement by the BVA for PTSD due to his MMPI score and other test scores.

http://www.va.gov/vetapp05/files4/0525194.txt

[Josephine]

I would think they mean at least the MMPI, when they say tests. This is the Minnesota Multiphasic Personality Inventory test.

Berta,

How long does this test take? How will I know if they are doing the test. Is the test an oral test or is it a written test?

I know that the first C&P examination that I had the Psychologist did an oral test on me.

The two psychiatrist did nothing like this.

Please do let me know. I have checked out the test some, but it appears that the test takes some time to perform.

I am going to call tomorrow, as the AMC told me that my claims file had gone back to the two psychiatrist that performed the disputed C&P to give them a rationale for their decision.

It doesn't look like this is what they have chosen to do.

I was told by the Medical Center that the Male Psychiatrist, that did not sign the C&P has the claims folder on his desk.

That doesn't seem possible, if they plan to give me a new C&P examination.

I will make sure that I take the remand with me and my husband and daughter to make sure that they carry out the remand.

The two Psychiatrist that gave the C&P are on staff and are presently at the hospital. It looks to me like the AMC has chosen to skip that part of the remand.

Why would they choose to skip this? I thought that it was as important to the BVA as it was me.

7. After the above development has been

completed, the veteran's claims file

should returned to the board of VA

psychiatrists who participated in the

April 2005 examination for clarification

of the provided opinion. They should be

requested to review the record and

reconcile their opinion as to etiology in

light of the evidence added since their

examination of the veteran, including the

May 2005 statement of Dr. B C.

C and the January 2006 statement of

Dr. M P.

If neither of these examiners is

available, the RO should consider whether

the veteran should be scheduled for an

additional examination by a board of two

VA psychiatrists for an opinion as to

whether there is at least a 50 percent

probability or greater that an acquired

psychiatric disorder was incurred in or

aggravated by active service. All

indicated tests and studies are to be

performed. Prior to the examination, the

claims folder must be made available for

review of the case. A notation to the

effect that this record review took place

should be included in the report.

Opinions should be provided based on the

results of examination, a review of the

medical evidence of record, and sound

medical principles. All examination

findings, along with the complete

rationale for all opinions expressed,

should be set forth in the examination

report.

8. The veteran must be given adequate

notice of the date and place of any

requested examination, if such is deemed

necessary. A copy of all notifications,

including the address where the notice

was sent must be associated with the

claims folder. The veteran is to be

advised that failure to report for a

scheduled VA examination without good

cause shown may have adverse effects on

her claim.

9. After completion of the above and any

additional development deemed necessary,

the issue on appeal should be reviewed.

If any benefit sought remains denied, the

veteran and her representative should be

furnished a supplemental statement of the

case and be afforded the opportunity to

respond. Thereafter, the case should be

returned to the Board for appellate

review.

The appellant has the right to submit additional evidence and

argument on the matter or matters the Board has remanded.

Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment. The law

requires that all claims that are remanded by the Board of

Veterans' Appeals or by the United States Court of Appeals

for Veterans Claims for additional development or other

appropriate action must be handled in an expeditious manner.

See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2005).

Thanks for your time,

Josephine

[john999]

The MMPI ususally takes a couple of hours to do since it consists of 500 questions that you answer. The questions range from the subtle to the obvious. Their are all sorts of scales that compare your answers to those of people who are diagnosed with various mental disorders. There is a scale that detects attempts by perons to appear sicker than they are in reality. I would not worry about it. You just answer the questions yes or no. There are no right or wrong answers. Just be truthful.

[Josephine]

I am not concerned about their dumb test. I want to know why the AMC does not have to follow the remand as it is stated. Both doctors who particpated in the Examination are sitting on their ___ down at the Medical Center. I have already checked this one out.

Here is the remand:

7. After the above development has been completed, the veteran's claims file should returned to the board of VA psychiatrists who participated in the April 2005 examination for clarification of the provided opinion. They should be requested to review the record and reconcile their opinion as to etiology in light of the evidence added since their examination of the veteran, including the May 2005 statement of Dr. B C.

C and the January 2006 statement of Dr. M P.

If neither of these examiners is available, the RO should consider whether the veteran should be scheduled for an additional examination by a board of two VA psychiatrists for an opinion as to whether there is at least a 50 percent probability or greater that an acquired psychiatric disorder was incurred in or

aggravated by active service. All indicated tests and studies are to be performed. Prior to the examination, the claims folder must be made available for review of the case. A notation to the effect that this record review took place should be included in the report. Opinions should be provided based on the

results of examination, a review of the medical evidence of record, and sound medical principles. All examination findings, along with the complete rationale for all opinions expressed, should be set forth in the examination report.

Now, why doesn't the AMC have to follow this remand? I am faxing a letter to my representative tomorrow,as those two doctors need to clean up their mess.

Josephine

Edited October 15, 2006 by Josephine (see edit history)