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

[carlie]

We do have the options of private care and IMO's, most just don't have the finances for it.

jmho,

carlie

[betrayed]

thanks to 100% P&T and half my military retirement (-Xbitch got half) I ca now afford it again. My wife told me that I better not let them quacks at the VA do anything to me!!!

[Tower_Rat]

Well my lawyer asked my C&P examiner to fill out a form, she said she didnt have to comply with the directives because she is not a health care provider. Talked to my congressman this am, congressional inquiry started

Recently i visited the VA psychiatrist with paper in hand asking him to fill out exactly with rationale what my disabilites and diagnosis's were. He refused. I marched right to the veterans advocacy office explained what happened and the officer told me that he would investigate it and get back with me. One week later I received a phone call stating that my psychiatrist has now changed to a different one same building. I told them that I wanted a different one if they were not going to comply with the regulations. I think if everyone went to their veteran advocacy on this and everyone started changing doctors that the VA would probably in all liklihood start to go ahead and fill out the papers that we request/ Imagine them having to answer to someone hire up that asks "why did all these veterans switch" Answer: because the doctor didnt follow the regulations. I think that they would frown on that. Also I think that the vet advocacy helps most veterans with their problems like this. Oh just a tid bit. My original psychiatrist told me that he wasnt going to fill out the paperwork because he feared that there would be some kind of retribution to him by the VA and he stated he didnt want to work at a regular civillian hospital again... go figure.....

Tower Rat

[betrayed]

my psychiatrist that I am seeing now is filling out the four page assesment I uploaded a few days ago.

I handed it to him at the end of the appointment, he looked at it and said ok I will do it.

Take it to the front desk. I had to fill out a release to me.

The one my lawyer wants and is starting the congressional is from the doc who did the PTSD C&P, she is the doc who said I could never work .

[allan]

It may not be very common, but vets have received assaults, intimidation and harassment from VA employees. And the opposite as well. Why would VA care providers be exempt from retaliation, from their superiors?

This outfits bean counters, had many incidences in the news for collecting nearly a $1000 from KIA for damaged or destroyed flak jackets. They were intimidating in their notices too.

I think in order to squeeze enough money to pay, "management" a nice bonus out of what Nicholson claims is an, "abundance" of funding for our care.

I think management earned it, and then some. Since he's out the door soon, the bonuses was an obvious, "WELL DONE". He even said so.

Did anyone else see the, "vets can drop dead as far as I'm concerned", tude that was demonstrated?

Does anyone remember, "vets are willing to sacrifice all they can during this war" to help their country?

so.....while some of us take their lives believing they were abandoned, others die staring at a closed sign at four in the afternoon in front of the "ER" or overdosing on to many antidepressants.

I would much rather see all claims officers get double time for overtime, if they can produce a claim that doesn't get remanded or appealed due to errors or false statements.

[Tower_Rat]

my psychiatrist that I am seeing now is filling out the four page assesment I uploaded a few days ago.

I handed it to him at the end of the appointment, he looked at it and said ok I will do it.

Take it to the front desk. I had to fill out a release to me.

The one my lawyer wants and is starting the congressional is from the doc who did the PTSD C&P, she is the doc who said I could never work .

Hey Betrayed where did you download the assesment that you are talking about, I might want to download it also if you can post it please. Thanx