HOW DO I SUBMIT A FORMAL COMPLAINT ?

[63Charlie]

How does one go about filing a formal complaint against the VA alleging wrongful destruction of medical evidence in my claims file?

I have documents showing tampering in my claims file which substantiate my allegations that a VA employee had blacked out a clinical diagnosis I submitted into evidence.

I was harmed because the VA wrongfully denied benefits due to the VA destroying the only clinical diagnosis I have for the above-styled disability.

An unfavorable DRO decision was rendered which states that I have no clinical diagnosis for the condition as the reason the VA is denying the claim.

 

[Buck52]

Also I have documents in my C-file THAT WERE BLACK OUT and the VA seal stamped shows up just fine. I'll probably never know what those Documents are ?

And I need some Documents to prove a E.E.D. that could yield me a large amount of retro , but without these Documents  it limits me to prove my case obviously.

   These things happen when they transpose these documents over to the Machine that reads these documents and spits them out on the digital CD &  Don't copy all that it reads  usually in light pencil or light colored ink

AFTER ALL THE PAPER IS COPIED OVER & PUT INTO CD .... I AM NOT SURE BUT I THINK THAT'S WHEN THEY DESTROY THE PAPER DOCUMENTS?.  This is the reason they do the CD to make more room.

I bet I have at least 10/15 pages I can't tell what the heck it is ? but on some it has the VA dated stamped Seal and nothing else  for the VA date stamped seal to be on these pages and they had to have a meaning to them other wise why was the VA dated stamped seal on them? and nothing else  ...> sure fishy to me but what the hell do we do?

IF THE DATES ON THESE OFFICIAL VA  DATE STAMPED SEAL LINE UP WITH WHAT I AM CLAIMING &  HAVE THE EVIDENCE THAT SAYS SO OR CLOSE TO THESE DATES  I WOULD HOPE THEY WILL GIVE THE VETERAN THE BENEFIT OF DOUBT  BECAUSE RIGHT NOW THIS IS EXACTLY WHAT I PLAN TO DO.

but I have no grounds to file a complaint!!!

Edited March 23, 2020 by Buck52

[Fat]

I had a similar situation where the diagnosis on a medical visit was redacted.

I had similar thoughts of sabatoge, but I learned all physicians information is redacted out too.

The diagnosis was close to the physicians name. Careless, but not malice.

In lieu of the redacted information, the original copy still should be present.

My situation worked out, but it did worry me in the beginning.

Try to access the c-file and see if the original copy is non redacted.

[broncovet]

I agree with FAT.  Its quite possible YOU were given a "redacted copy" and the original is unredacted.  This said, there is a very famous case where the VA illegally modified the Veterans evidence.   It is a federal circuit decision, so it is precedent setting:

https://caselaw.findlaw.com/us-federal-circuit/1346393.html

 

In relevant part:

Quote

... Namely, one of the doctor's entries had been altered to change the language “Is worse + must stop present type of work” to instead read, “Is worse + must stop present type of work, or at least [ ] bend [ ] stoop lift.” (emphasis added, brackets indicate illegible or stray marks).   The altered record also contained the additional entry, “says he is applying for reevaluation of back condition,” which does not appear in the official record on file with the Outpatient Clinic.   The alterations appeared in the last, i.e., most recent, doctor's notes documenting Mr. Cushman's condition.

As far as I know, no VA employees were ever disciplined for changing this Veterans records in order to deny him.  

[63Charlie]

"ALL FAXED HIGHLIGHTED EVIDENCE WILL BE BLACKED OUT"

I retract my accusation toward the VA

The blacking out of evidence was due to the above technical issue.

My attorney asked if I had highlighted the diagnosis when I faxed it to the Evidence Intake Center.

I said that is a possibility although I don't remember.

I didn't even remember sending the evidence in, much less if I highlighted anything.

But, in all fairness, I concede that I must have highlighted the diagnosis.

My attorney said if I highlighted it, when it is faxed, anything highlighted gets blacked out.

He said he checked my file and said, " No matter, you have more than enough evidence for a grant without that one piece of evidence."

[Buck52]

63CHARLIE  It don't matter if you highlighted it or not as long as its there for them to read,  high-lite  just points it out better for them to read  but there suppose to read it regardless 

[Buck52]

I disagree with your attorney that ''anything highlighted gets blacked out''

and hope he is correct about 

''you quoted

''He said he checked my file and said, " No matter, you have more than enough evidence for a grant without that one piece of evidence."