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Dispute Wrong Medical Report And File Grievance

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I recently had a doctor put in my medical file, "avoid opioids given hx of

polysubstance abuse and depression.". This really infuriates me for two reasons: 1) The only opioids I have been prescribed was months ago, for back pain, and have no other pain killers prescribed since

2) He states that I have been abusing multiple substances, due to the fact that I tested positive for THC, months ago, in which at one point when I lived in a MMJ state, I was actually prescribed and had my license.

How would I go about getting this removed from my file? I feel as though it's insulting and unfair.

Edited by bluelotus
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Sorry to hear that you are out raged, but I don't know what you are upset about. 1 the DEA laws have changed recently due to the whole Opiates issues with Veterans and Americans, and 2 what about this is un true. There are a lot of Veterans claiming this same issues now, but unless it is not the truth, don't know what you can challenge. In my case I had a File in my records that stated I was a 42 year old white female recovering from Alcoholism, when in fact I am a 33 yr old Hispanic male, and never smoked, drank or tried a drug in my life. I live with a lot of pain in my daily life, and due to Crohns Disease and 2 Blood Transfusions, I have and can never take pain medication, which after 15 surgeries in the last 6 years, that is a lot of pain that I had to go thru. Good luck and God Bless

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  • HadIt.com Elder

you can dispute this Dr with a DRO hearing, and state what happen in the exam

you would like that to be corrected, the only possibly way to do this is take another exam and ask for different examiner.

unfourtunely once a record is placed in your C-file it cant come out, but your rebuttal to this would over ride the first one(the VA has to look at that old record as it never happen) if you get another qualified Dr to rebutte the 1ST Dr statements with more accuracy pertaining to what's in question.

jmo

.......................Buck

Edited by Buck52
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you can dispute this Dr with a DRO hearing, and state what happen in the exam

you would like that to be corrected, the only possibly way to do this is take another exam and ask for different examiner.

unfourtunely once a record is placed in your C-file it cant come out, but your rebuttal to this would over ride the first one(the VA has to look at that old record as it never happen) if you get another qualified Dr to rebutte the 1ST Dr statements with more accuracy pertaining to what's in question.

jmo

.......................Buck

I appreciate the responses, fellow vets. The issue I have is that the information provided is incorrect. If this were the case, I believe my PCP would've put it in my record, over the year+ that he has seen me. I've never had an issue getting care from him and the only reason I took this guy over my PCP (the director) is because I was desperate to get relief. Another issue I have, is that he took me off one medicine and put me back on the medicine I was on before, that did not work.

This wasn't a part of a C&P but rather, just a regular doc appointment...

I appreciate the responses!

Edited by bluelotus
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It is the current "War on Opioids" that they decided to wage, most likely with the blessing of the pharmaceutical companies trying to guinea pig us to try crap that was designed for other purposes that didn't work for that to see if they can market them for another purpose. I have given up on getting pain meds, I have been prescribed any opioids in a year and a half, that is how long I made them last (personally, I don't like taking them unless I can't deal at all without), and yet, I got denied a month ago when I asked and just "rotated" to another pill I have to take twice a day. On top of that, they gave me something that interacted with something else I take, so I had to stop taking the other medication on my own because, not only did it interact, but the side effect was dizziness which I already have without it with vertigo and was burning thru my antivert trying to override it for a couple days, before I looked it up and realized they had "set me up".

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Well, I have never heard of a DRO review on the issue of what the doc wrote in your medical exam. I do agree, however, it is a problem to have inaccurate medical records. If you have something inaccurate on your credit report, you can dispute it and they have to remove it unless it can be verified in 30 days. That probably wont work with medical records, but you do bring up a good point that has serious implications.

Rember there are 2 kinds of evidence.

Subjective, which is basically an opinion.

Objective, which could be on something like if you tested positive for a substance.

Frankly, it sounds it was just an opinion (subjective).

I have several things in my medical records which I dispute, but they pretty much seemed to "go away" with time. By raising some sort of formal grievance/dispute, you simply draw attention to the doc's statement.

As one attorney wisely explained, "The law wont "right" every wrong. You kind of have to pick and choose what you want to fight for. If you are fighting for "pride" then maybe you can get your pride elsewhere with less effort. If you are fighting for VA benefits, then, your best course of action may well be to change docs and ask the new doc to write a statement to the contrary.

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