Policy Preventing Veteran Care During Conflict of Interest

[PolicyChangeGuy]

Jurisdiction

North Carolina

There was a possible conflict of interest during a visit at a Veteran Affairs Urgent Care visit, the veteran contacted his care team to explain their concerns, the concerns were not addressed. The veteran obtained records of the visits and saw incorrect information, this was brought to a patients advocate. Veteran was advised of availability of three annual visits to outside urgent care, veteran returned with urgent request for referral to orthopedic and ASAP visit with primary. Veteran claims creation of conflicting medical records due to non VA visit. Patients advocate brings request for referral to veterans primary care team. VA policy requires veteran to undergo imaging, review, and approval by VA medical staff to receive a referral. The VA has a direct conflict of interest and is still requiring care through the VA system because of policy; there is no mechanism for veteran care team to address veteran concerns.

Veteran has declined to receive care over conflict of interest concerns. Due to the declination, patient is not able to receive proper diagnosis, treatment, or care in a timely manner. Veteran has stated they do not seek monetary award; they have several concerns over record keeping, staff training, and policies that restrict care teams from applying proper remedies. Veteran claims VA is wholly responsible, staff did not have proper training on Law, VA policy, bedside manner, nor were they able to properly carry out legal duties to provide care for patients due to VA policy. Veteran states there is more they would like to bring up to legal experts, they claim that institutional issues prevent VA from being able to properly provide adequate or timely care. Veteran will continue to deny care from VA staff or facilities until policy changes are instituted that provide relief from concerns.

Veteran is unsure of legal avenues for remedy, applicable laws, and how to affect systemic policy changes to address concerns.

 

[adjusterjack]

VA policy requires veteran to undergo imaging, review, and approval by VA medical staff to receive a referral.

Then he'd better damned well do it. Refusing is absolutely the wrong way to approach this.

I'm a veteran and I obtain my medical care through my local VA Clinic and Hospital.

The VA's community care system is a joke. Rife with incompetence, difficulty contacting appropriate people, phone calls and messages don't get returned, etc, etc.

I've spent the last three months working on resolving my own screwed up community care issue but I'm working within the system and plugging away at it. Sitting back and saying "I'm not gonna do it" is only cutting off one's nose to spite one's face.

I strongly suggest that the veteran go through the required evaluation and see how it plays out.

I don't know who you are but if you aren't the veteran and are advising the veteran somehow, you're doing him more harm than good.

Bottom line here. If the veteran is not happy with the VA policies he (like I) can seek outside medical treatment on his own and pay for it himself.

I choose not to take that route and will keep plugging away at my own issue until it's resolved.

 

[Tax Counsel]

There was a possible conflict of interest during a visit at a Veteran Affairs Urgent Care visit, the veteran contacted his care team to explain their concerns, the concerns were not addressed.

And exactly what the nature of the alleged conflict of interest? You never say; your post is very vague on that point.

VA policy requires veteran to undergo imaging, review, and approval by VA medical staff to receive a referral. The VA has a direct conflict of interest and is still requiring care through the VA system because of policy; there is no mechanism for veteran care team to address veteran concerns.

Veteran has declined to receive care over conflict of interest concerns.

Again, the conflict of interest is not stated here. And you've not provided any good reason why the veteran won't go through the process the agency requires for a referral. If he/she wants the referral then going through that process seems the best way to pursue it. The veteran won't know if he/she will get the referral if the veteran doesn't at least try.

Due to the declination, patient is not able to receive proper diagnosis, treatment, or care in a timely manner.

That's on the veteran then since the reason the agency is not providing the care is that the veteran has refused to do what the agency says must be done under its policy.

Veteran has stated they do not seek monetary award; they have several concerns over record keeping, staff training, and policies that restrict care teams from applying proper remedies. Veteran claims VA is wholly responsible, staff did not have proper training on Law, VA policy, bedside manner, nor were they able to properly carry out legal duties to provide care for patients due to VA policy.

Most of that the veteran cannot force the agency to change. Staff training, beside manner, and other ways the agency operates are up to agency officials. There is no standard in the medical profession for what kind of beside manner a medical professional should have, for example. The veteran might not like the bedside manner of the VA people who treat him or her, but there's not legal claim there. Similarly the veteran cannot force the agency to provide training specific to his/her liking, etc.

As for legal duties, what duties does the veteran contend the agency has that the agency has not provided to the veteran? Understand that in general the veteran cannot pursue legal action against the agency unless one of the following exists: (1) there was medical malpractice; (2) there are errors in his records that the agency will not correct; (3) the agency has not provided sufficient due process or (4) the agency has failed to do something that some statute specifically requires it to do or does something that some statute prohibits. Agency policy is not law and generally a failure to follow policy isn't enough to give one a legal claim.

The veteran may seek out attorneys in his/her state that handle issues with the VA for assistance or search for veterans organizations that help vets navigate the VA care system. Finally, the veteran may contact his congressperson or U.S. senator to see what help they may be able to provide.