RO suggested the answer he wanted?

[AgentOrangeWife]

Hello,

My husband's blue button file includes record of an RO requesting a medical addendum opinion. The RO specifically wrote in the request that: "the interview based mets results would result in a lower evaluation".

1. Is this typical wording?

2. Does this seem improper to you?

3. Does it appear that the RO wants a specific answer?

4. I am looking at this in regards to 38 C.F.R. 3.304(c) (2001); see also Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (holding that VA may not order additional development for purpose of obtaining evidence against appellant). What do you think? This might be a stretch but it doesn't seem "proper" that the RO would discuss the effect of the addendum opinion with the VA doctor.

I appreciate all of your opinions!

A/Owife

Edited March 24, 2017 by AgentOrangeWife

[Berta]

Yep---the ER certificate was my first piece of medical evidence for my FTCA/1151 claim.

I also found a subsequent X ray of his sinuses which were clear.And the EKG done within an hour of the ER exam.  The EKG revealed he had had a heart attack.

I went off on a tangent however when I replied to you ,as I am very concerned about a friend of mine and the results of his CT scan.

"They kept saying my husband had reflux. Then the VA "md" reduced my husbands heart medication 3 weeks before he had a...........heart attack."

It is quite possible they misdiagnosed the Reflux and/or the heart disease.

The VA saves countless lives every single day. I don't doubt that for a minute.

But, as with any private hospital as well, they can make medical errors, and if their medical error ( documented and proven) causes a veteran to attain an additional ratable disability ( or worse yet-death) the VA will pay for it under Section 1151,38 USC, or with a successful FTCA claim.

The criteria for proof  for FTCA/1151 is that the "Standard and Usual" medical community( meaning the non -VA medical community,) would have diagnosed and treated the medical issue differently,without resulting additional disability or death.

 

 

 

 

Edited April 7, 2017 by Berta

[AgentOrangeWife]

At our local clinic, in the past year, every single counter-person, technician, nurse, and all the doctors MINUS the cardiologists are 5-star.

The irony is that my husband really needed a good cardiologist and that is not what our local VA has. Ours seem to be pill pushers who don't do any digging or ask any historical questions: why, when, etc or even tie symptoms together as in cardio and pulmonary. They have their own little specialty of cardio and don't seem willing to expand from cardio into cardiopulmonary: everything is cursory to them.

In the past year, the nurses and techs and social workers and patient advocates and janitors and all the other doctors (except the local VA cardiologists) are absolutely stellar in their professionalism, interaction, procedures, willingness to help.

One thing we NEVER do is tell anyone at the clinic that the Veteran gets any compensation or is that he is applying for a rating increase.

I found a good lawyer who is taking one issue as a tort claim on contingency. I am unsure if we should do the 1151 or not. I guess I should ask the lawyer:)

However this is not the same issue as my original post. I'm still working on the reduction from 100% without an exam/evidence of improvement. Then I also have the unadjudicated original claim issue. I'm in this for the duration - I'm hoping your "CUE themselves" strategy will help reduce the timeline.

We have a college kid and have been denied DEA because of the errors which go back to the original claim (sound familiar?). I've filed for everything and have good documentation but I needed to figure out the timing and the overall strategy and that's where your idea has really helped me solidify my strategy. It is a sort of "war" and the "enemy" doesn't want to pay. Best idea is to use their "ammo" (ie laws) against them. Pain in the patootey to have to fight for a "lawful benefit" and sometimes I feel I will probably die of old age before it's all caught up and properly rated.

Thanks for being there, telling us to read read read the claim file, and for sharing your knowledge and your story.

Edited April 9, 2017 by AgentOrangeWife