Duty to assist?

[Riplip]

OK I thought I've read somewhere that the VA has a dDR. Notes-OSA weight gain.pdfuty to assist and there was a CFR that states they shall help veterans with the claims process? Here is where my PCP specifically tells me in writing that PCP is not involved in the claims. I'm confused. 

[Carl the Engineer]

The word "can" is the problem.

"shall" is what is needed,

Carl

 

[Vync]

On 4/12/2022 at 5:57 AM, Rattler767 said:

I think this is the one you are refuging to. I was told the lunge in it allowed the provider to choose if they wanted or not to fill out the form. My provider tried to tell me it would be a conflict of interest because they were treating me. (go figure)

VHA Directive 2008-071, Completion of Forms by VHA.pdf 46.57 kB · 1 download

Thanks for finding that. I remember going through this same struggle back in 2008/2009 shortly after joining Hadit.

On 4/12/2022 at 5:02 AM, brokensoldier244th said:

Pharmacists have always been able to legally overrule doctors, J. It’s literally part of their job, VA or not VA. A lot of people think the doctor is the end all/be all of the health care pyramid but they aren’t. 

My primary care doc told me the same thing last month.

[Vync]

The new directive from November 2016 is pretty good, but like @Carl Baconsaid, it still needs some improvement. Like the previous one, it gives VA primary care and specialists the option to write up a nexus, but can still be used for increases. I had a VA specialist write a very solid more likely than not nexus which got the job done. I also have used medical evidence to justify increases in ROM-based ratings, so if that's your goal then realize it is not always necessary to have them fill out a DBQ.

[Rattler]

On 4/12/2022 at 6:45 AM, Riplip said:

Rattler767, that what I thought was out there. It leaves a couple options for the PCP to deny on the spot but making an appointment just for that seems to be the way to go. I still think they will shy away or not give an honest opinion. Just my thoughts

I would be interesting to making an appointment just for that to see how they would handle it. I tried it with MH but as you can see they exclude that in the letter.