Title 18. Crimes And Criminal Procedure

[Josephine]

Hi,

Does anyone know does this regulation apply to doctors that perform C&P examinations or just to the Veteran?

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

PART 1. CRIMES

CHAPTER 47 FRAUD AND FALSE STATEMENTS

18 USCS SEC. 1001

Sec. 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully

(1) falsifies, conceals, or covers up by the trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writings or document knowing the same to contain any materially

false, fictitious, or fraudulent statement or entry;

Shall be fine under this title or imprisoned no more than 5 years, or both.

I need to know if I can quote this regulation to the AMC and the BVA concerning the changing of my military and private medical records?

Thanks so much,

Josephine

[Josephine]

Army1968,

I have no problem with the first c&P examination given to me by the Va. Medical Center, this would be in October of 2004.

I have no problem with the IMO of my private physician of 29 years.

I have a problem with the out and out lies of the two Va. psychaitrist who gave me another C&P within 4 months of the first C&P.

The two psychiatrist deliberately changed all of my Medical Records on the Military side and my private medical records of 1965 to date.

The two psychiatrist to have a different opinion of my medical records, is one thing, but then again, it is something different, when they deliberately change the wording of all my medical records.

I will not let them get by with this. I sure would like to see an end to this mess!

The AMC has sent my complete file back to the two of them to give the rationale of their opinion and they will not abide by the Remand.

My file has came back from the Rater to the Development Team again.

When and how does this mess end?

Thanks,

Josephine

Edited November 25, 2006 by Josephine

[Berta]

These are serious charges against two federal employees.

If you have copies of the original documents and then copies that prove they have been altered-that is a matter for the VA Inspector General at

http://www.va.gov/oig/

I dont see why any VA doctor would do this.

I sued VA for over 5 million in 1995.My suit was solely based on evidence in the veteran's medical records.

Why didn't the VA alter Rod's records?

It would have saved them a very large amount of money. They never altered or changed anything in the 3 years this case took.

Although much other evidence -not in the VA medical records-disappeared from the c file- evidence that supported the claim-

it all showed up in the c file again after the settlement.

VA doctors do make errors in their statements-they can use wrong dates, even wrong gender. I have seen some odd stuff they have written-and they do manipulate the medical facts sometimes.

but why would they take the time to change mlitary and medical records and risk their federal employment?

If a VA doctor manipulates what is in the record- that is vastly different from changing or altering established documents.

What I mean is when they state things like-the veteran shows no treatment records, medications or hospitalization for over three years, and this indicates they are not currently disabled by their PTSD.

The vet in this case might have been attending PTSD groups at a vet center and received private meds and therapy - involving records that the C & P doc did not have or just ignored.

I just feel- my opinion only- that this is a strong charge to state against VA doctors and

I do not feel this regulation will help your claim at all.

I suggest that you contact the VA Inspector General if you believe these records were actually changed.

Edited November 25, 2006 by Berta

[Josephine]

but why would they take the time to change mlitary and medical records and risk their federal employment?

Berta,

My question is will the BVA or the AMC handle this?

Yes, these are indeed serious charges against these two employees.

I do not wish to contact the Inspector General if the AMC is going to investigate these lies for me.

I know that my file has went from the Rater back to Development, due to the two psychiatirst not providing the etiology for their decision.

You ask " why would they go to so much trouble" sure wish that I knew?

"I sued VA for over 5 million in 1995.My suit was solely based on evidence in the veteran's medical records."

Everything that I am saying is solely in my medical records also. Why in the _____ would they go to so much trouble? I sure as ________ don't know. I just have the proof that they did it!

I don't know whether to wait for the AMC or turn it over to the Inspector general. I only ask for guidance.

I may not be the brightest person in the world, but I can read black and white.

Josephine

[Guest jangrin]

Josephine,

Please clarify something for me.

!. Did the VA (2) shrinks - change your records, or did they give opinions about you that you feel are untrue.

Falsifying documents and changing documents by a medical professional is a crime.

Having a medical proffesional state something in a report or give an incorrect diagnosis or opinion is not a crime. It is simply their opinion.

My question is .... did they physically change records in your file, or did they write things in their C&P report that you believe are unture or incorrect?

Thanks for your reply.

Jangrin

[Josephine]

jangrin,

I shall type word for word from my C&P and would you please tell me if she did or did not change this medical record. This is only one instance. The complete Write up is like this.

One medical record said that she is a gravida 3 para 3, but the patient claimed only two children.

The medical record of Dr. G. S. - 11/21/69- Patient is a gravida 3 para 2.

I only have two daughters. I don't have 3 children and I have never given a child away or whatever she is trying to say. It is the " but the patient claimed only two children".

If this were the only thing, I would say that it was a mistake, The complete examination is same.

Josephine

[Guest jangrin]

Josephine,

I agree with you that the VA C&P doctor really sucks. I agree that she "wrote" things in her report that were not true, and especially designed to discredit you.

However, the simple fact remains, she can write it, and later state it was in error. Or she can say "ooops I made an error." , "or a typo occured", or a transcription problem", many many excuses for what happened.

It does not mean she is a criminal, just simply she is a lousy doctor.

The point I'm trying to make is you will not prove criminal intent over this, nor will you be able to prove malpractice. What you can prove, is the truth in the records.Focus on what you can present to the file that will discredit her report.

Get your PCP to read the report she wrote, and make corrections to those things you feel are not true. Then it will be your treating doctor against the VA C&P doctor. Treating doctors always carry more wight than opinion/exam doctors.You need to write a personal statement discrediting the C&P exam doctor and have it notorized and added to your evidence. Although we are not allowed attorneys, you can seek the advice of an attorney and he can aid you in preparing other evidence he thinks would help you.

It is war and you need to get a battle plan and counter attack,

Good Luck,

Jangrin