Doctor Must Give His Opinion If You Ask Him

[betrayed]

question: If a patient ask me to fill a form out for him in order to obtain a drivers license, or obtain SSN or VA benefits am I required to do this.

Answer: If you are asked to fill out a form to assit a patient in obtaining disability or pension benefits, you are required to provide a descriptive statement and opinion with respect to that patient's medical condition, employability, and degree of disability.

from

VHA Practitioner’s Guide to Information Law

http://www.vehu.med.va.gov/vehu/vehu2005/p...r-%20FinalA.pdf

Allan originally posted this in social chat and only 19 people have read it

During my last appointment with new a psychiatrist I wrote him a 6 page letter with my complete medical background, my vocational rehabilitation background. I ended the letter with this:

Even though I feel this may be unusual, I don’t feel it’s unfair to ask you your opinion; do I have the capacity to work? I don’t expect you to answer this immediately, I would like for you to take all the time necessary before coming to your conclusion. I also have to ask you consider the following:

Can you reasonably expect a man to work who has had 112 days in a medical facility in 2006, Can you reasonably expect employer to put up with this? Can you reasonably expect a man who is in chronic pain to work? Can you reasonably expect a man who is mentally incapacitated to work? Can you reasonably expect a man who has panic attacks and angina attacks every time he has stress or does any strenuous to work?

Can you reasonably expect a man who is under the influence of Fentanyl 75mcg/h twenty-four hours a day along with Oxycodone and Clonazepam to work? Can you reasonably expect a man to drive a vehicle to get back and forth as he is always under the influence and would be breaking the law?

When I got a copy of the progress notes from that visit, at the end of the progress note he noted the 6 page letter and stated he would address this at our next visit, and words to the effect he did not want this to become a dominant factor in my treatment. I will now print this entire manual out and take it to the doctor during my next visit. I will pull it out only if he does not answer my question.

Allan you have provided one hell of a piece of ammunition to use in our battles with the VA. When I was in the pysch ward last time I asked my doctor the same question and he stated that his opinion did not matter. I sure wish I had this document then.

directive_2000_029.pdf

practioners_guide_to_information_law.pdf

VA_HIPAATRAINpage17of26.pdf

Edited March 12, 2007 by Tbird

[john999]

The VA doctors want to believe that compensation has no effect on the relationship with the patient. This is unrealistic but they want to maintain the fiction. I asked my primary doctor to write opinions for me and she did it without a second thought. I have little to gain anymore from getting SC'ed but I want to do it for DIC purpose. You don't want to ever tell a VA doc that you are getting better. It goes in the records and the VARO uses it against you when you ask for the increase.

[Guest fla_viking]

Dear Fellow Veterans & Friends

Everything you think, say, and do can and will be used agaiinst you by the RO. I got tired of my family starviing and me getting slaped in the face with my complaints to my Dr about the RO that he put in his notes and then would end up in my denials. The VA now pays fee basis for my therapy outside the VA so the RO cannot retaliate any more.

For decades the VA had rules where the Dr's could not comment about the veterans service connected status. This left everything up to the RO to interpit. It was found that policy tied the veterans hands behind there backs. Any Dr who will not coroperate should be fired by the vet. Veterans have been through so much crap that any VA Dr who holds the old line should be boy cotted by veterans for failure to do there job.

Terry Higgins

[betrayed]

Actually, regardless of what you may think,

The va says a VA employed doctor may provide a statement. The VA has not mandated that they must, and I am not sure that they can force the issue.

(your attachment does not work)

sorry it says they are required to provide a statement click and enlarge

[betrayed]

page 9 of 28

the VHA directive 2000-209 which is referenced has expired. I can not find that it has been replaced but why should it be when this "Guide to information law" was written May 2005 and supersedes the 2000 directive

practioners_guide_to_information_law.pdf

Edited February 14, 2007 by BETRAYED

[betrayed]

Most directives and regulations have a basis in Public Law (PL). Wonder what the PL is?

[Berta]

Yeah-this was posted before and no update as far as I know to the expiration date-

I have problems with the word "must"- a VA doctor does not have to render this type of opinion at all-in my understanding of the reg -- although many of them will-

one VA doc told me he would provide an IMO for my claim as he agreed with it medically but I had already knocked him down twice in SOCs-a decade ago-so he did not think ,if he did one, it would have any merit-for the VA.

The fact alone that he agreed with my claim- and got out what he still had in his office and read it over-and that the medical evidence he still had caused him to agree with my claim was very uplifting to me-especially since one of his prior statements caused me great emotional pain-in 1997-

because the VA only gave him- for his opinion- what they wanted him to have-

and withheld all the important stuff.

At least the VA doc in their last opinion admitted she had only a few records.

I have proof that the entire med recs and SMRs etc all remained in Bath NY VAMC while she opined on a few records 100 miles away and never asked for anything else.