VES Pysh Doc put wrong info in P&E exam

[gbat]

Hi all,

long term lurker, I don't think I would have been service connected without your site. I started a claim in 2014 with VSO, she wanted me to do a fully complete claim, so waited a year to verify stressor, it never came so sent it in anyway. Surprise it got denied. I filed NOD and eventually got my stressor verified by getting navy deck log, buddy statement and vso attached a sick call visit two days after incident.

fast forward five years and rater sent me to VES psych doctor. I was rated 70% PTSD and 10% tinuitus. Afterwards I requested my C-file and after a year received it.

At beginning of interview I mentioned almost fell out of helo, maybe someone shot at us. but not much else. I never mentioned anything about being a combat vet, nor is it written anywhere. he states in his opening remarks that he doesn't need to review incident since I was a combat vet. No I am not. almost three years later and many sick days used for my FMLA PTSD I am retiring early because I can't do my job anymore.

When I go for a TDIU claim and they open my file, I'm afraid they might see opening statement and cut off my VA benefits. Is this possible? the reason why it took so long is I sent in the stressor verifying event, but afraid to go forward. Do I bring that up ( combat Vet) in my statement of the case or ignore it. If I didn't request C-file I would have never knew about it, but now afraid to go forward because of possible VES doctor mistake could doom me.

On a more positive note I'm thinking that the rater waited until the stressor was verified before he sent me to C&P exam. Just don't want to lose all benefits over this, it would ruin me, and turn my life around for the worst. Should I just be happy with what I got? Don't know, wish guy never put that in there, or wish I never requested C-file.

 

thanks for any replies!

[brokensoldier244th]

You may not have been in a combat MOS but if you were in any area that was designated that way, or you ever received hazard pay it is still lumped in that way. I guess I don't understand what you are worried about- you didn't lie to the examiner, and your stressor is already verified. Regardless of whether you are a  combat vet or not, if your stressor is verified then obviously something caused you to be where you are today- and its already noted in your records through some other source than the VES psychologist. Several other people looked at this before they rated you. 

[gbat]

I also wanted to add I did not claim the Helo incident as a stressor, because it had me on there and everything else was redacted because of special forces crap and would have had to jump threw more hoops.

 

Just worried about me becoming a Va horror story. Been seeing a VA shrink and therapist for last 7 years, maxed out on 4 different meds, just parinoid i guess. C-file is a mess, some 20 to 25 sheets of info copied 4 or 5 times over. After I seen mine, I could see why they miss things.

 

 

[brokensoldier244th]

The personnel stuff *might* be redacted but the medical stuff isn't. I worked on a file from a guy that retired out of SEAL team 7 the other day. *shrug*. I see lot of weird stuff. 

[broncovet]

Ok.  There is a regulation specifically designed to "correct" information in your file that may be wrong.  In summary, you have a right to correct your records, and, the VA must either make those corrections promptly, or send you a letter as to why not within 30 days. 

 If a doctor has stuff in your records you dispute as in error, then use this regulation to fix those errors.    IF VA CAnnot/will not correct your records, then you can appeal it and they must tell you how to do this.  REad below.

 There is no reason to suffer through doctors errors, administrative errors, etc.  Instead use this regulation TO THE LETTER:  (I have put in BOLD, very important parts to make this easier to read)

 

Quote

§ 1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

(Authority: 5 U.S.C. 552a(f)(4))

(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))

(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)

 

Edited December 18, 2021 by broncovet

[pwrslm]

As long as it would be correctly noted that said "might" have been shot at, what is the problem? You were Special Forces so were you ever in combat. That is the underlying issue no? If you were ever in combat or got hazard pay then regardless of the chopper issue, the evaluator is right.

Edited December 22, 2021 by pwrslm

[Mr cue]

I wouldn't worry about it u got your benefits an are happy.

Don't let the write up to get u.

I have all type of write up in my record. 

I had doctor write crazy thing my medical evidence say another.