DBQ uploaded can anyone advise me??????

[pctinc2001]

My visit was no longer than 10 minutes max. After reviewing the notes i noticed he left a few things out. Is this DBQ in my favor what or any percentage will I receive?

 

C&P.pdf

Edited April 22, 2018 by pctinc2001

[Buck52]

You may want to retry your'' pdf''  its not opening on my computer Failed due to Network error!

[broncovet]

There are 3 ways to "correct" errors in you medical records:

1.  Do nothing.  

2.  Refute the Doctors opinion with another docs opinion with an IMO/IME, or by asking another VA doc, who may or may not be more Veteran friendly.  

3.  Apply 38 cfr 3. 1579, as follows:  

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 theindividual 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 anyrecord 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 requeststo 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 therequest 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 disputedrecord has been disclosed. ( 5 U.S.C. 552a(d)(4)) ( 38 U.S.C. 501

[Gastone]

PCT, appears to be a complete Spine C & P DBQ, what do you believe has been left out?

Considering the C & P Dr reviewed your VMC/Private Med Records prior to completing the DBQ, the actual length of the Face to Face may not be relevant.

If you believe specific issues that you have medical evidence to support, was missed by the C & P Dr., I'd suggest you immediately complete a "Sworn Affidavit" or at least a 21-4138 discussing the C & P exam Issues of concern and submit along with your Supporting Med Evidence to your RO Rating Dept.       TIME IS NOT ON YOUR SIDE, don't drag your feet, file it 04/23/18.

[pctinc2001]

@Buck52can you try again please?@broncovet and @Gastone do you think I will receive any percentage?

2b.Does the Veteran report flare-ups of the thoracolumbar spine (back)? [ ] yes   [ x ] No

     *** Cand P Dr. never asked this question........   I have Dr. visits to back my evidence.

8a. Numbness      Right lower extremity     [ x ]  None

                                Left lower extremity       [ x ]  None

 

       *** Not sure why he marked  NONE    I'm just wondering if he reviewed my medical notes he would've notice that is one of                   my chief complaints.

[Buck52]

You can go to the C&P CHEIF request another C&P that you feel the 10 minutes during the exam was inadequate.and a lot of the questions you were not asked and the examiner apparently never read part of your medical records to support your claim.

[pwrslm]

Falsification of medical records is a felony in most states. Research your local statutes. Reporting the activity to the physicians licensing authority is one step to stop it.

Document exactly what the provider falsified by referring to the statement they make that they reviewed your record, and everything that they said that directly contradicts your medical file. That is evidence that they falsified that part of the record. The MUST take the time to review the ENTIRE record and use that to render the information that they provide in your claim. The law places an expectation of professional competence on these people that far exceeds common competence of someone walking in off the street.

They are also very bad at saying they did things but they dont actually do it. That is also a falsification of medical records. Take the status quo prior to the exam, and then when you note that something is obviously wrong in your examination record, go to you PCP and have them make a new record in your existing VAMC medical records. No you have medical records  before, and after, the providers false report and your own statement that the examination did not include XYZ, as reported.

The VAOIG is responsible for investigating crimes committed by VA Employees. I am doubtful that a States AG will get involved.

Edited April 22, 2018 by pwrslm