New To Board, Can't Pull Up The Link

[Capt.]

Hello and yes I am new to this board so try and be patient with me. I have tried to pull up the link to the subject about getting a doctor to write an opinion or nexus. I have the link in another post but when I pull it up it will not open. the link is http://www.vehu.med.va.gov/v5hu/vehu2005/p.r-%20finalA.pdf . I have been fighting peripheral neuropathy for about 7 or 8 yrs and have been tested since 02 with diagnosis in 04 and 06. It is pointing to chemical contamination and I was at Fort Greely in 71-73. I have filed the claim with DAV in Feb but I am so far down the road with it that I can't rush the system to help me. I have tried to get the va neurologist to give me an opinion. I even supplied him with some evidence showing the results of contamination of the post with chemicals,,,nuclear reactor with discharging problems, agent orange contamination at sights monitored, testing of vx, sarin, nerve agents, biological weapons, lead , abestos, arsenic, and many more that cause neuropathy. I even sent him my personal doctors nexus after he reviewed all the evidence and said in his letter that "it is more likely than not that my disease is coming from the chemicals" . The Va neurologist who in his medical report, wanted to know the cause of the neuropathy. I only recently this year and have gotten all the documents concerning the contamination evidence. He said that after he reviewed this evidence it was "very compelling" but it could have come from anywhere and he was not my "primary health care doctor". He said I had to talk to him to see if he will sign an opinion. That is tomorrow and I am bringing some of the documents and will ask him to for this. I know they are "schooled" by the va not to fill out nexus that could help the vet. However I read on a post that they must if asked, to fill out opinion by law. How do you make them do this? I am going to see another neurologist this next week and try to get his opinion after he examines me an looks at the 3 emg reports from the VA and their opinions and of course my documents showing the chemicals there. I am in so much pain now that I cannot sleep and it is starting to effect my motor functions. I am taking ambian for that and the VA has been uping my dosage for the neurontin but it does not work. I am hoping to get another opinion to file with my claim as the VA is just not cooperating. I am depressed and have seen my doctor and the social worker because I can' t sleep from the pain and am having motor function problems.I am going thru depression and have told my DAV rep to file a claim for this too. Does anyone have any knowledge or can help with info about getting doctors with va to write opinions and nexus. Also what kind of battle am I in for? I am probably going to hire one of two lawyers I have talked to that I can hire after June 20,2007 (New law goes into effect)for representing me if they deny my initial and when the NOD is filed. That is assuming they deny me. Sorry for the long post but if I could show my VA doctor that he has to by law fill out an opinion then I would like that before tomorrows meeting with him. Thank you for all the good post and info. CC

[Capt.]

Hello and thank you all for the help ,,,,,it is really a blessing so realize I am searching for help to deal with these people. I wish I could have had all of the documents 3-4 years ago before I started getting worse. I am now behind the time frame to hold them off. I will say that the evidence from the Alaska Dept. of Environmental Conservation reports list the contaminates and remediation from this post. It is very compelling. Also the BRAC reports are listing 2,4,5 T, 2,4,5 DDT, 2,4,5,DDD and some others.....agent orange. Everyone thinks Alaska is so cold but actually the summers were lots of sunlight from May till Sept and the plant life exploded. Ft. Greely is 650000 acres so there was lots to do with keeping vegetation down and the AO was used and still contaminated in several sites as well as the Post Well water according to the documents. The Army prototype sm1a nuclear reactor had so much trouble, it is entombed probably longer than most of us will live. The contamination at Jarvis creek is documented and the well showed contamination also. Throw in Lead, Arsenic, Abestos and Thallium, and about 12 -14 other contaminates leading to Peripheral Neuropathy and you can see why they closed the post in 1995 and moved the Army Strategic Missle Command to another location there. Many of the sites are still under "Administrative Controls" and COPC which are something labeled as concerns, also sites as "unresolved". I am scheduled for the VA tommorrow to discuss my meds and this pain. I am going to ask him for an opinion and take him some of the documents to look at. He is probably going to give me the same "no" routine. I have contacted Jill Matthews already but may have to wait until we get some kind of ruling. I do not have the money to be able to hire Dr. Bash but would gladly like him to look at my records and maybe I can figure this out. I already have my MD examine my evidence and the documents. He has rendered the letter and signed it "at least as likely as not". He read the documents and said it was unbelievable what went on and how noone was responsible. There is actually months of reasearch available and thousand of pages of documents. One thing I have noticed . Alot of valuable documents from the EPA and DOD are there but when you try to open a link .......you guessed it , it will not open. So there is a lot of evidence that "they" will not release. The test from the nerve agents and biological weapons went on until 68 or 69 but there are many missing and unaccounted for , even UXO's . And things buried that were not suppose to be disposed of. No one watching the hen house back then and being so remote and the test post that it was...... lots of things were not done properly and according to regulations. Whether Military or Environmental. One more thing ...the protection for DOD offered by the EPA is unreal. It is such a joke how the EPA will not go up against the DOD. I know I am in for a long run but these people have more time than I do and will probably bury me before I can do anything. Once again , thank you so much for all of your help. This has been a help and you folks are on top of alot of this. C.C.

[Capt.]

Oh yes , Berta, thank you for your help .....I cannot find the right procedure for the doctor to write a nexus to meet their requirements properly. Can you supply that and some information for Dr. Bash and his contact info. Thanks again....C.C.

[carlie]

The information in the post just below this one from URl

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

is a

VHA Practitioner’s Guide to Information Law dated - May 2005

1. PURPOSE: This Guide is intended to provide VHA Health Care Practitioner’s an

easy reference to understand and properly implement federal confidentiality law

requirements in a clinical setting involving patient records and information derived from

such records.

2. USE OF GUIDE: The Guide is divided into different Sections. Each Section has a

title for easy reference. Under each Section, there are a series of questions often asked by

VHA health care practitioners. By referring to the question and corresponding answer,

you will be able to more fully understand which laws apply to your situation and provides

general guidance on whether you have lawful authority to release patient

records/information. Please note that this Guide is intended as an instructional tool and

that you should contact the facility Privacy Officer and/or your Regional Counsel if you

have questions.

The main objective of this guide is to train health care professionals on legal procedures of safe guarding

patients right of privacy and HIPPA laws.

The main parts of this memo that allows healthcare professionals to provide information for veterans trying to obtain their benefits are as follows.

SECTION III

DISCLOSURES TO THE PATIENT

1. Are there any limitations on what I can disclose to a patient from his own

medical records?

A. Generally, you may freely disclose any and all information about a patient

directly to the patient. The only exception to this rule is if you believe that the disclosure

of the information or record might somehow injure the patient either mentally or

physically. As an example, if there is information supplied by the spouse such as a letter

that is in the patient’s records that you believe would be mentally injurious to disclose,

you could refuse to provide that letter to the patient. Under these circumstances there are

special procedures that should be followed to permit the disclosure of this sensitive

information through the assistance of a trained health care professional. Contact your

facility Privacy Officer for more information.

2. If a patient asks for a copy of his medical records, what can I give the patient?

A. If requested, you may give a patient a copy (for instance) of his progress note

of today’s visit or laboratory results if you believe it is necessary to assist the patient in

understanding his/her medical condition, i.e. educational purposes. Under these

circumstances, the patient does not have to sign any form nor is any type of accounting or

tracking necessary.13

B. If a patient asks for a complete copy of his records for whatever purpose, the

patient must go to Release of Information (ROI) to obtain a copy through that office.

Please remember that VA must first get a written request for a set of the records

and is permitted to charge for the cost of reproduction of the records.

3. If a patient asks me to fill a form out for him in order for him to obtain a drivers

license or to obtain SSN or VA benefits, am I required to do this?

A. If you are asked to fill out a form to assist a patient in obtaining veteran’s

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. See VHA Directive 2000-029. At the end of the form, the health care

provider should add a statement that the opinion is not to be considered binding or

conclusive on VA for a determination of benefits. Once the form has been completed, it

should be sent to the ROI office for a proper accounting and release.14

B. This Directive indicates that VHA health care providers may provide medical

opinions for other purposes such as obtaining SSA benefits or motor vehicle driver’s

licenses. However, completing such a form depends on the time constraints of the

13 FAQ No. 3

14 VHA Directive 2000-029; FAQ No. 5

VHA Practitioner’s Guide to Information Law

8 May 2005

physician. If the patient’s primary care facility is at the VAMC and a physician knows

that the patient is not being seen anywhere else, this should be one factor to consider on

whether to assist the patient in completing a form. Once the form is completed, it should

be sent to the ROI office so that it can be sent directly back to the patient. However, if

the patient wishes the form to be sent to any one other than the patient, the patient should

provide a prior written authorization to release the form via the ROI office.