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Are some of your VA Medical records- missing?

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Berta

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As you know , I determined my husband had been malpracticed on by two VAMCs, after he suddenly died over 2 decades ago.

I immediately requested his medical  records, even though  we thought he was not entitled to see them because a VA nurse had chastized him for even looking in his Med rec file, one day while we had waited for hours for an appointment.She screamed at him ( a PTSD vet) and I feared he would really get angry- and she said he was not allowed to see his own records.  But he didn't respond to her at all and gave her the file back.  What dopes we were. I didnt think I could get his medical  records,  but I did.

I recently requested what appeared to be maybe only one page of a C & P Neuro exam he had in 1993.I thought maybe there was nothing more than what I had -2 pages of the Appointment.

I had two of the pages, but nothing else as to the results, whereby the Neuro doctor had decalred him 100% P & T due to a catatrophic stroke.

Yesterday I got 13 pages of the exam results.....? Some of the results are wrong- based on established medical evidence.

Also when NVLSP determined my EED, they had some sort of C & P exam result or entry , in October 1988, whereby a VA doctor had noted my husband's heart disease. They used that date as his EED. I do not remember him having this exam at all. Importantly  ,it shows the VA failed again to properly diagnose and treat his AO IHD, and again months after the initial heart attack, they never told the veteran he even had a heart condition,but  I felt my EED was 8-13-88, the first day VA had evidence of a heart attack my husband had that day , at the VAMC where he worked...the 8-13-88  EKG revealed it ,yet they never followed through on it and instead said he had a sinus infection that caused his on the job collapse. The NVLSP lawyer argued that I was "lucky' that this exam acknowledging the heart condition had be done. I said what do you mean Lucky- the VA killed him, and this entry is one more way they failed to tell the veteran of his heart cndition, and continued to fail to diagnose and treat- and could have began a CAD work up right away, as the8-13-88 ER Certificate called for.  But I was satisfied with most of the Nehmer decision. They awarded two CUES i had and my current CUES are about another part of the decision.(and I believe the audit was completely wrong for the retro and sent them my figures on that)

My point is, my C file revealed probative evidence of malpractice, hidden from the OGC as well as a 6 page autopsy.When I realised the OGC did not have it, I sent it to them and they reversed their initial FTCA denial and settled with me.Another Peer Review supporting my charges, had 'disappeared' from the VA.I had to start all over agan without it at the OGC.

I found it at the bottom of my C file, almost 10 years later. The report that OLMA Office of Medical/legal VA told me had "never existed."

I used it for my AO IHD claim.

Not only might your C file surprise you, but you also might find that your copy of your VA medical records might be missing some information pertinent to your claim.

 

 

 

 

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

I remember when I ETS from military  I had a thick folder full of records  but very few medical records  mostly TDY orders records and change of locations transfers  and travel papers   just mostly junk & duplicates  of unimportant stuff   not many medical records at all.

I do have some old medical notes  from Germany  in c-file when I went to sick call for hi fever  and just flu like symptoms  ect,,ect,,

but it was rare if I went to sick call   but I was just feeling bad bad and needed to see a Doc.

but no medical records from Vietnam...there if we got hurt which I did a few times   we never went to the Dr  /medic  we just suck it up...I did see a medic in Nam one time when I fell off a duce and half truck   but  there's no record of that what so ever,  the medic never wrote up a report   it was something we just never wanted on or in our records at that time ,  if you went to a Dr back then and it was not life threatening    it gave you a bad reputation and you were looked down to,   so most of us never went to see the doc or medic....when you first arrive in Vietnam  your called NEW BOOTS..and that last about a month or so and then your in with the rest of the troops.

I did two tours in Nam.

Had I known then about medical records and need to prove things for our claims now days  things certainly would have turn out differently.

I still carry some guilt from my Vietnam days  and still picture things as it was just yesterday...and sure I was diagnosed with PTSD  this sh*** will stay with us the rest of our lives and  why the VA Therapist thinks things will get better IDK   ..well there full of it   but I do believe they can teach us tools and skills to live with it better &How to cope with anxiety and the night mares somewhat better.

I ETS from Nam to Oakland California out processing center.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Buck I can relate to a lot of what you said. It was a different time and certainly a different place. You had to be in REALLY bad shape to see a doc. A  medic would give you aspirin or something like that but it was really taboo. If you went to the doc it's like this guy can't take it, he ain't dependable, don't want to be with him kinda thing. About PTSD,  I've got MH issues but fortunately not that. I do think treatment can help you cope/manage some of your symptoms but I've never run across someone with PTSD that was "cured." I don't know how these psych people think it can be. It's never going away.

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