C & P Examiner Marked Boxes For Wrong Extremity

[gs106]

I am new to this forum so bear with me please. Background: I filed a claim for increased compensation for both knees, both shoulders, cervical spondylosis, thoracic spine, and GERD. Increase for knees and cervical spine was denied. I was awarded a 10% increase (to 20%) for the right shoulder and 10% thoracic spine (was 0%). The GERD and left shoulder were deferred....I had another C & P exam last week for GERD. I was awarded 20% for LEFT upper extremity radiculopathy secondary to cervical spondylosis and degenerative disk disease. The problem is that it should be the RIGHT upper extremity clearly indicated on the neurology report. I didn't notice that my notification letter had left instead of right until I saw the C & P examiners notes on eBenefits and he had checked left on everything related to the radiculopathy. I checked the notification letter and it does say left upper extremity. I called the DAV office this morning but the RSO who has been assisting me is in DC until 27 July. Does anyone have any idea how involved the process of correcting their error is and how long it will take? Should I contact VA or should I wait for the RSO to return? Thanks

[garion]

Most likely the rater will catch the mistake but let your VSO know of the error.  Since the VA requested the exam, they know which one should be examined...

[Berta]

This is an older question here but important.These errors have to be corrected ASAP. Even by sending an IRIS to make sure the error is documented by VA and changed.

Shortly after I recall joining hadit  , many years ago ,  the VA had just settled  a large malpractice case.

They were to remove a veteran's leg due to major complications of diabetes.

The veteran woke up after the surgery to learn they had amputated the wrong leg.

I dont know if the wrong leg was noted in his medical records or they simply didnt pay attention to what they were doing in the operating room.

 

 

 

 

[Buck52]

Yes Ms Berta and bad mistakes like that has kept thousands of veterans away from the VA.

 ''gs106''

Please send your request to have this corrected to IRIS as soon as possible.

since the VA is using the New Claims Intake center  you maybe should send them a corrections request also.

They should send it to the correct office to be corrected.

 

jmo

 

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

[broncovet]

This is covered and you should follow this to the letter:

38 CFR 1.579 - Amendment of records.

• CFR
• eCFR
• Authorities (U.S. Code)
• Rulemaking

prev | next

§ 1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

(Authority: 5 U.S.C. 552a(f)(4))

(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))

(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)

[broncovet]

It does not say much for your VSO who SHOULD Know VA regulations, especially including this one.  In his or her defense, maybe (s)he was unaware of your problem.  However, if your VSO bothered to take the time to review your file, he should be the one calling you with this information, not you trying to track him down explaining and teaching the regualtions to him or her.  Its not your job to train VSO's.  

[broncovet]

Did anyone kind of notice how VA "hides" this regulation, under the term "amendment"?   While "amending" the records is a somewhat accurate way to describe it, it is more like "correcting" the records, and a search for that in CFR will likely lead you to nowhere land.  Clever trick on VA's part, "burying" this regulation so that its unknown to Veterans enabling VA to take advantage of uninformed Veterans/VSO's.  

Its  a disgrace that this regulation is not a part of training of VSO's.