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MarqueEtoile

Re-victimizing all over again.

Question

Let us start with some basics,

i'm 70% PTSD and have filed a notice of disagreement. I have other disabilities but i don't care to discuss, nor are they relevant.

i go to therapy session at the VA and i tell my therapist how im suicidal, depressed, seeing hallucinations, etc...

i got paperwork from the VA that reads that I had stated to my therapist on such and such dates that i was okay, doing well, medications and treatments are doing well, even went to a gambling town. This couldnt be further from the truth. i'm pissed.

for one, i didn't say anything like this.

2: i didn't go anywhere, nor is it anyone's business where i happen to go

3: it was used against me to justify why the VA is standing by their decision

so, what can be done about it? i'm obviously cancelling any and all upcoming appointments with the therapist, but i feel like i was completely re-victimized by a VA therapist that i started to trust and have them twist and contort my words to further xxxx me over.

 

 

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broncovet    3,175

You need to read this carefully and comply.  This is just my opinion:  

CFR 1.579 - Amendment of records.

§ 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)
[47 FR 16324, Apr. 16, 1982]
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broncovet    3,175

If you have not filed your NOD, you should do so, but if it was very recent you can try getting your records collected and corrected first.  However, dont wait a year after the decision to file a NOD.  

Edited by broncovet

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Navy04    677

Sorry that you are upset, but I really don't know what you are asking for bud. What the VA is doing, is looking at your past Notes and asking why certain words were stated to VA Doc, yet now you are bad off. Remember that the VA Docs always note what a Vet states during sessions. There have been a few Vets on here, that say they can Build Boats, Play Video Games and Work Full Time, yet they Get Mad when the VA denies, low balls or Reduces their %s. Not saying you are not sick, what I am saying is that I could not do any of the above, and surely not travel unless I have too, but that is why I am 100% P&T and on SSDI. Good luck and wish you the best. God Bless and please seek help if you are feeling bad, or over whelmed in life.

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flores97    507

I believe MarqueEtoile is stating that his/her therapist made up conversations and submitted false statements that the veteran did not say, if the therapist did that, and the VA used that false information to propose reduction, i would definitely follow Broncovets advice and submit that requestrequest for amendment.  I would also talk to the patient advocate at the med center this therapist is employed at and state your concerns.

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Andyman73    874

Yikes, and I thought what happened to me at my MH C&P exam last week was bad, wow. 

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