PLEASE ADVISE AS TO HOW RESTRICTED CLAIMS FILES ARE

[Otrgypsy]

My C&P report was so F'd up that the doc has disciplinary exposure with the State medical Board and even a civil action. I am offering her a chance to avoid any complaints. I want to honestly tell her how hard it is for anyone not working on my claim to access the claim file. Please advise.

I would like to be able to tell her that there is a snowball's chance in hell that anyone (particularly her supervisors) on the West Coast will find out she has owned up to and corrected her errors. Is this true? Citations to controlling regs would be great.

Thank you.

[Otrgypsy]

BTW, Berta, the BVA had to talk about things like pre-existing conditions because the best defense the incompetent doc could come up with was hypothesizing about possible alternative causes. But there are no facts to support such hypotheses. Yeah as a kid, I had a few seizures when I was given too much cortisone for poison oak. BFD. There are no records and there are NO FACTS or documents to suggest pre-existing conditions. The bullshit about alcohol was basically pulled out of her ass. Yes, it was noted in my STR's that I overindulged on occasion. Isn't that shocking, that a young sailor on sea duty got drunk occasionally? The bimbo never mentioned that within 5 years after discharge I completed 7 years of education and was admitted to the Bar and that I chose for personal reasons to go 100% abstinent from alcohol for 30 years prior to diagnoses. The BVA missed, because it was not in a narrative report, but buried in the records that the VA's top CNS specialist at the WRIISC clinic whose strongest qualifications are in dementia's in general, considered alcohol as a cause (because it is a form of dementia on the checklist for brain injuries like mine) and he wrote down in the WRIISC records that it wasn't even suggested by my history. You have to be a real serious lush, skid row type to bring about brain shrinkage. You have to be so alcoholic that so don't eat decently but drink instead and when you stop drinking those changes which are mostly about poor nutrition combined with alcohol, tend to reverse. In the BVA decision you will see the BVA reminding the clown rendering the original decision, what the burden of proof is on a VA claim. He used the civil burden of proof because he was so f*ing ignorant. He couldn't even get the effective date of claim right. He chose the day my online claim was completed (within 11 months) rather than the day it was initiated. The BVA had to remind the incompetent doc that hypothesizing about alternative explanations doesn't cut it,  you need to include facts and an explanation of the rational. The denial was a total abortion. So, as I am doing all I can to get the best most qualified answers from other docs, I am going at it from other angles as well. If I can make the incompetent doctor sweat for a while and make her agonize about how she f'd up my claim and make her admit to acting incompetently, so much the better. It as close to a pound of flesh as I'll get. I would love to find a way to make the VSR that made the decision squirm, but I can't think of a way. He's typical VA undoubtedly applauded for his denial rate.  Any suggestions?

[Berta]

All I can suggest is , if the remand does not award the claim or at least the Brain injury and TDIU, another strong  IMO/IME would be in order.

I had two very strong IMOs and a brief freebee opinion for a former VA neuro, to supprt my AO DMII death claim.

The VA had two ridiculous Endocrinologists opinions against the claim. The BVA order a Cardio opinion.Meantime I also paid for a forensic cardio opinion but I was sure a real cardio doctor would agree with my IMOs.

By this time I had spent over 5,000 bucks-but BVA awarded before the cardio opinion was done.The forensic people sent back about half of what I paid.

I got a PA opinion-on remand  and I immediately rebutted it with the BVA- the BVA had requested a cardio opinion, and they disregarded it and awarded saying the claim was at least in Relative Equipoise.The BVA agreed that the PA opinion was too speculative, and I pointed out medically ,with the C & P results, that  the PA, didn't have a clue on heart disease and diabetes.

It is a game- I had exemplary evidence- so do you but your IMO/IME evidence conflicts with the VA doctors.

Relative Equipoise is the secret to success. It means when the VA weighs evidence for and against a claim, and if they find the evidence is equal in value (and  it is often far better than equal, they award the claim.

But the VA can kick Blind Justice in the knee when they want to .and thus the scales go in their favor, until we fight back.

 

 

 

 

 

[Otrgypsy]

I don't understand everyone's background here. However, I have the impression that one or more people on this thread are current or former VSR's.  What I really want to know is: ARE THE CLAIMS FILES SECURE FROM ALL VA EMPLOYEES EXCEPT THOSE IN THE UNIT CURRENTLY WORKING ON MY CLAIM???

I would like to tell this doctor that if she gives me the statement I am demanding that she doesn't have to be fearful of other VA employees, supervisor's or colleagues finding out she has admitted some big mistakes. But I do not want to tell her anything that is untrue.

[Carl the Engineer]

"Medical personnel have statutory immunity from “individual” malpractice liability while acting within scope of employment. A VA physician cannot be sued in civil court for the malpractice (tort) claim. ... VA physician does not have to retain private legal counsel."

I believe that VA employees have immunity from being sued civilly, just like I did as a Police Officer, and as a Soldier as well.  The only time this can fail is if the plaintiff can show the the government employee had intent to cause harm, etc.  You would have to show that the examiner, intended to harm you, by offering her opinion (remember, its an opinion) on your claimed contention.  Not just low-ball you, but you would have to prove that she deliberately rated you low because she wanted to personally hurt you.

I highly doubt she would jeopardize her career by changing her exam results.  However, you might find yourself in hot water by threatening a VA employee.  As an example, I as a Police Officer I could cite you for a crime that you did not commit, however, at the time, I thought you did and had some "bad" evidence.  You might get something from the towns insurance, highly doubtful, but you could/would get it dismissed.  But you would get nothing from me.  However, if you called me off-time and told me to fix the ticket or you were going to sue me for money, I would have cuffed and stuffed you.

Your complaint is with the VA. 

The VA has procedures to remedy this sort of thing.  Some are OK, some are poor, but its what we have to work with.

Good luck,

Hamslice 

 

  

[Otrgypsy]

IT WOULD BE REALLY GREAT IF SOMEONE WOULD JUST ANSWER THE QUESTION  I ASKED.

I know there are some backward jurisdictions that have seriously limited the liability of Cops and other state employees. The VA has never done anything but screw me around. I practiced actual law for decades. I have successfully sued many cops who thought they were above the law. The last thing I will do is play nice until they start to do so. I know what actions I can promise to take against A-holes and which ones I can't. I will never be a sheep politely thanking people for screwing me.

Pulling a weed out by its roots is always better than trimming it. If you trim it, it is still a weed and it will grow and get more bothersome. When it is removed, it not a problem at all.

I don't care who a doctor works for, the doctor has to answer to their licensing agency. The Federal Government doesn't license docs, the states do. The demand for correction I am sending will put the ignorant doc in the position of having to correct her greatest mistakes or what was (quite possibly) just really boneheaded negligence will thereby be turned into intentional torts aka intentional harm.  I am only using available leverage to force her to correct absolutely false statements. Docs in any decent jurisdiction will be disciplined by their licensing agency for writing lies to defeat claims. A negligently false statement made unintentionally turns into a lie when it is pointed out and the liar refuses to correct it. Then, after refusal, it is intentional. I have no expectation that this doc would loose her license because of her lies. I am certain that if she were to refuse to correct undeniably false statements she would receive some significant discipline, probably less than suspension, maybe probation. If she were to correct inexcusable errors and I chose to still complain she would receive a significantly less punishment, not much more than a slap on the wrist. However, no doctor wants that - it is leverage to make them do what is right. If they were right in the first place they could laugh off the threat, it would go nowhere. A docs history of complaints makes their insurance go up, they don't want that. They really don't want their peers to know they got sued for stupid errors. Docs really hate being sued because then they don't get bowed down to in the courtroom.

Threats don't have to sound mean and nasty, explaining you understand mistakes happen and explaining it clearly and politely asking them to help you avoid the necessity of complaints/and or lawsuits, is still very threatening for them especially if they know you are really mean to move forward if they don't help you fix the mistake. No much different than trying to get a child to pick up after themselves.

Opinions are a different story. I know that people here don't think a doc can be sued for their opinion. That is largely true. However, when the doc owes an duty of care to the person the opinion concerns they can sometimes be sued. It depends if the opinion is "below the standard of care." The standard of care is generally defined as "that standard below which no recognized minority of physicians would fall" Among other things, that mean if they pull the opinion out of their ass, they are exposed. My doc did just that.

Doctors do not jeopardize their careers by correcting errors. They jeopardize their careers by not correcting errors, if they are correctable. Any agency that were to discipline a doc for correcting an error would be exposing its self to a serious, costly suit by that doc.

Bending over to abuse of authority because the abuser is an authority figure is always wrong. That most people in the US consider docs authority figures just because of their position is weird. This Nation wasn't founded on the idea of blind obedience to those with real or perceived power. But that seems to be where we are headed.

[Buck52]

Otrgypsy

Unfortunately your question is beyond most of us here at Hadit  as we mostly focus on the Process of helping veterans receive their deserved benefits.

We do have a couple of of good  people that may give you an answer you're looking for and they are Berta Simmons & Alex Graham and brocovet .

The rest of us here are helping Veterans though the VA Claims process at which are mainly aimed helping them and advising them  (VETERANS) through the claims process.

Your question has never been ask here on hadit, I suggest you call an Appropriate  Experienced Attorney in this field of Law and either hire him/her  or ask them this question to better assist you.