Erroneous Medical Related Entries
Erroneous Medical Related Entries
In November of 2010 an Independent Medical Examiner for the Veterans Admininstration made numerous erroneous statements in my files. He had medical documents available to him that stated just the opposite of his entries but chose to ignor them. He answered questions with negative answers without asking me those questions so I could respond. Now his negative and erroneous entries have caused a disability rating to be one half of what it would have been if he had been truthful. What is the statute of limitations for filing a Tort claim or lawsuit against him?.
Samaritan & Scholar
Originally Posted by jabeje09
I suggest you speak with a representative from the VFW, American Legion, or some other veterans advocate group.
You might also want to discuss this with a lawyer.
Have you ever heard of the term "sovereign immunity"???
Simply put, it is almost impossible to sue the government.
And, when you do, you first obtain their permission to do so using their "kangaroo" court system.
It can happen.
It ain't gonna be easy.
Do the two things at the top of this post.
I offer useless information. You should seek legal advice ONLY from YOUR lawyer!
Thanks for the reply - I am a life member of the DAV and utilize their help. In Jan. 2011 I filed a formal complaint against this IME through the VA advocates office. I was trying to find out the statute of limitations for taking legal action, if necessary, to have this IME's entries removed.
The entries cannot legally be removed. They can be added to with further notes, but they cannot be removed.
In the VA system you can request some entries to be removed.
I wouldn't focus on what this 1 doctor stated... Facts are Facts Go see another doctor, then another doctor then their statements will prove what that doctor wrote could possibly be incorrect.
If this exam was a C&P then you can request another one. Your doctor's statements can also be submitted.... You can also go outside of the VA system. If you feel your DAV rep isn't doing you right, then speak with the folks that Army Judge stated.
The best thing that I have found is yourself. All the regulations are online..... go read everything there is about the issue your having. The only problem I have found with the VA is "It's extremly slow" Now if your a gulf war or current veteran you can request your file get moved closer to the front of the line. There is also a great group of folks to talk to at http://vets.yuku.com/bvetbenefits
The VA can override federal law?
Purely for my own edification, what types of entries can be removed?
Medical statements that a person was done improper. I will explain my case......
I lived way out in the woods living a healthy life. My family had taken off to fla for spring break. I was on 4 drugs that created a chemical dependent level in my system. I had called the VA 10 days before they were due for re-fill to have them refilled. They then ship them out. This time they failed to refill them on time. I called the day before I was going to run out to make sure they had been ordered. Sure they were you should be getting them today. This was on a Friday. They didn't come and since my mail ran late in the day my only choice was to call the after hours folks. I spoke with a physician assistant explaining my problem. (Calmly) She said "They will be there Saturday" Ok... Saturday came.... Nothing.. Notta... I called the same number, got the same lady. This time she told me that there was a mistake. it was entered into the system as being refilled but they were not mailed out. I would have to come and get them.
I started laughing.... Unless the battery's on my scooter had more power there was no way i could come and get them. If I would have called my family 2.5hrs away to come get me then 1.5 hrs to VA hospital. These drugs require signature in the mail system or ID at the VA. She told me "Sorry about your luck" I got pissed I told her that they would have to get them to me because withdraws are NO fun. The one drug could cause serious issues during withdraws. She agreed but said "You will have to come up here to get them" I told her again. I relie on NO one, I had to force my wife to take the kids to fla for spring because she didn't want to leave me alone. Please have a courier bring them. Of course I was pissed.... I fully knew that if I didn't get these drugs my life was going to be pure hell until they got back in my system. I knew I had a 12 hr window before the effects hit me.
I started searching for my doctors home number. I found it.... The drugs arrived at 11pm that night. Upon getting copies of my VA medical records I found the notes from the phone call. The physician asst. put into my medical records some distrubing comments. Drug seeker, addict and more... I was very pissed at these comments. Upon a meeting with the patient advocate, someone from the hospital staff I was given a form to sign to allow these comments to be removed from my file. They were all removed...
Now maybe it was different for me because of the issue at hand. I don't know. We also had a conference call with this physician asst, patient advocate, hospital staff member and my doctor. I accepted her "I'm sorry"
I am a little messed up body wise. 60ft fall while with the 1/75th Rangers. Caused vertebrae movenment in neck, middle, lower spine. At that time my life was grand and I didn't require surgery. Stayed in Ranger for 2.5 years after my fall. Fast forward job 20yrs, officiated high school wrestling, football, baseball and basketball. While riding my motorcycle home from the office my right arm when numb. Disk blew in neck... operation fix was great... no issue's. 1 year later officiated a wrestling tournment couldn't move next day. Operation was my only choice because of a blown disk again pushing against nerve. During the operation the bone graft they were inserting (during the malleting phase) this bone graft shattered cutting into the S-1 nerve and damaging my L-5 nerve. The pain I live with is unbeliveable even with drugs... LOL I am thinking of the time I called my wife... Said "Honey, there is a peice of paper on my desk that explains the time frame and the amount of morphine I have taken you may want to come home because I am starting to feel funny." I had taken 180mgs of morphine in 3hrs. Still the pain was there... That is the day I decided that I would only take the bare minium to allow me to function because it didn't matter how much i took the pain was always going to be there.... I am the type of person that I will NOT lay down. NEVER.... I get other spiney's pissed at me because I tell them. NO your spine problems doesn't keep you down it's yourself. I can do anything i want to. I just know I will pay the price for doing it. extreme pain, crying, huggin my wife are at least once a month issue's in my home. I refused to give into my pain.
Sorry for the book.... I fully understand there are ALOT of drug seekers out there. That make it extremely hard for people that really need the drugs. I just don't want anyone to get a bad opinion of me. Thank God that the neuro-surgeon that performed my operation put everything that happened into my medical records.
Samaritan & Scholar
Disabled Vet, CS.
I have a complete cervical resection.
I stopped taking pain meds, too.
You get used to the pain.
Pain meds were a lot of crap for me, like aspirin.
I didn't want be an addict.
So, I just stopped taking them.
The pain got to a tolerable level for me.
BTW, I was a Ranger, too.
Finished Ranger School back in 1966.
Then off to 'Nam for three wonderful years, until I grew up and wised up!!!
The army was a great life.
They even sent me to law school.
Rangers lead the way!
Last edited by army judge; 10-01-2011 at 05:46 PM.