False Statements

[Ddsr]

I have just recently had a re-evaluation at the VA for a condition I have been 30% for the past 3 years. Just tonight the C&P VA Doctor that did the C&P made statements saying that I said things that I never said. This is a clear lie as the Doctor says I told him specific information that I never told him I cant believe he is saying I said this when I did not. I am going to appeal it and fight this to the end. No way there should ever be a Doctor at the VA making fictitious statements that were never told to that Doctor. 

[broncovet]

Ok.   If your medical records are inaccutate or incorrect, the procedure is to Amend your records, using the regulation provided below.  Yes, I know it is tempting to want to have the doctor fired then put before a firing squad, but you are probably going to make more headway using this regulation and complying with it fully:

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]

Also, if YOU read the C and P exam and its "unfavorable", then you do have a right to challenge the exam.  Challenge the exam "smart".   For example, find out:

1.  Was the examiner an MD?   Or, was he a nurse?

2.  Was the examiner "board certified" in your area of disability? 

3.  Did the examiner have training or experience in treating your malady?  

    If the answer is no to these questions, then you may want to challenge the compentencey of the examiner.  If you dont challenge, the VA could use a janitor's opinion to deny you.  Just because your examiner had a "white lab coat" and stethoscope, does not mean he or she is competent to be an expert witness in your disability.    However, absent a challenge from you, the janitors opinion would stand, as he has a presumption of competency absent your challenge.    Its just like a VARO decision.   No matter how bad it is, after a year it becomes final, and cant be reviewed if your challenge does not meet the strict cue standard of review.  It does not mean there were no errors..it means those errors did not meet the criteria of a cue standard of review.  

    The bottom line is it will likely take an IMO/IME to refute this exam opinion, unless the doctor will say, "Gee, you are right.  How did that stuff get in your exam.  My secretary probably typed it in from the last exam.  

    People dont realize this but doctors often use "auto fill" too, and are under the gun to get you out of the office and on to the next guy.  So he may have just not looked carefully and put some of the last guys information into your exam.  It would not be the first time that has ever happened.  

Edited September 4, 2017 by broncovet

[Buck52]

 I agree with broncovet,  some veterans have went to the C&P Chief  to complain about things like this b/c it does happen quiet a lot  and ask for another C&P you feel this Dr was not qualified or just being plain bias and said things that was not true  and you feel like the exam was inappropriate as to to the VA Regulations as broncovet mention above.

However, If your denied on your increase or you disagree with the decision  request a DRO Hearing at your R.O..

This is what a IMO/IME is for  if you go see a private Dr and get a detail opinion from a specialist that your disability has got worse ...the VA wiil usually go with the specialist ,  especially if he/she examines you and read pertinent  medical records  & gives a better impression than the VA Dr and list his/her credentials and expertise   this is ''Realtive Equipoise'' And Relative Equipoise goes in the Veterans favor.

[Ddsr]

On 9/4/2017 at 3:17 AM, broncovet said:

Ok.   If your medical records are inaccutate or incorrect, the procedure is to Amend your records, using the regulation provided below.  Yes, I know it is tempting to want to have the doctor fired then put before a firing squad, but you are probably going to make more headway using this regulation and complying with it fully:

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)

Thank You. Yes to be exact the C&P was  requested by the VA to re-evaluate my IBS which is already at maximum so they requested the C&P only to reduce it. Again my concern is the Doctor stated specific quotes I did not tell him.  I am seeing that I can challange the decision, but for now to wait until I recieve the decision in the mail which should be this week. Then go from there.