VA Doctors don't like to write medical opinions but they are required to

From: Sp5kelley2nd94th@aol.com [mailto:Sp5kelley2nd94th@aol.com]
Sent: Saturday, August 16, 2008 11:30 AM
To: ColonelDan
Subject: VA meeting this past Friday
VA meeting this past Friday


Hi to all, I was invited to a meeting at the Atlanta VA on some follow up care with 22 other Vietnam Veterans.
I probably said too much but I think I made my points. Probably will not be invited back again!

http://www.2ndbattalion94thartillery.com/Chas/VAmeeting.htm

Kelley
VHA HANDBOOK 1605.1 May 17, 2006

f. Providing Medical Opinions

(1) VHA health care providers are required, when requested and under certain limited circumstances, to provide descriptive statements and opinions for VA patients with respect to patients’ medical condition, employability, and degree of disability (see 38 CFR Section 17.38 and current VHA policy).

(2) Support of VA Benefits Claims

(a) Individuals may request statements from VHA health care providers regarding their medical conditions and/or opinions for submission in support of their claims for VA benefits.

(b) In response to such a request, VHA health care providers must provide a statement or opinion describing a patient’s medical condition.

(c) When the health care provider is the individual’s treating physician, and is unable, or deems it inappropriate, to provide an opinion or statement, such physician must refer the request to another health care provider for the opinion or statement.

(3) Medical Opinions for Non-VA Purposes

(a) Individuals may also ask VHA health care professionals for opinions to assist them in filing claims with other agencies.

(b) These opinions may be provided in the same manner and under the same restrictions as opinions furnished for VBA claim purposes.

(4) Exception. This does not include completion of SSA forms for examination where SSA would pay a private practitioner, but is prohibited from paying other Federal agencies such as VA (see 38 CFR 17.38(a)(1)(xiv)).

Meeting at Atlanta VA

This past Friday I was a member of 22 Vietnam Veterans in a meeting at the Atlanta VAMC.

Two things happened which set me off and probably will not be invited back but I gave them something to think about.

One fellow was discussing some of his issues. He mentioned his sleep apnea and the equipment. The doctor then asked how many others had sleep apnea and the equipment. Folks, about half of the group raised their hands.

When he was done I asked the doctor point blank…does this not seemed extremely high in these fellows. How many other hospitals do you think in the civilian world you could at random for something else find half the group has sleep apnea and what do you think the odds of that would be in a random sample. Does this not show some kind of connection to Vietnam Service and/or the one thing that was common in Vietnam; Herbicides. Did he know that TNF alpha, IL-6, and IL-1b been found to be associated to not only insulin resistance but also sleep apnea. Did he know that TNF alpha changes had been identified with the dioxin TCDD and our own EPA had found one of the biochemical effects of dioxin is actually the induction of TNF, IL 6, and IL 1 beta? These issues have also been identified in CFS and FMS.

Of course he did not know or at least did not admit the facts. He then said he had no idea how the VA Benefits worked. I said then until you VA doctors start standing up for us then we must conclude VA medical and VA Benefits are indeed one in the same.

Another fellow stood up (25th Inf Division soldier) after I handed out the new bill for cancers out of Congressman Kagen’s Office and discussed what the VA had been doing even on the present presumptive disorders and how we hoped that the other bill for not allowing VA to stall claims until the Veteran was dead and then the Widow had to reapply and fight for another two years on a presumptive disorders. He concluded his buddy with prostate cancer, a present presumptive cancer, had died before VA had approved his simple claim and his widow now had to file for DIC from death from a presumptive disorder. Folks, the Veterans family should never have to subsidize his own government caused mortality or disability due to planned inefficient processes at VA. Yet, this common practice results in the savings of millions of dollars per year for VA and our government and its despicable processes and treatment of these men and women who are dying from government causes.

In addition two fellows had cancers that are being denied that are included in the bill that are denied by VA as not the right kind of cancer.

Several of them wanted extra copies to take their buddies who dying from Pancreatic cancer still of course denied on our infamous list of cancers approved by the VA.

As I was leaving the building I ran into one of the fellows that had been in the meeting and he was talking to a fellow that was 100% for prostate cancer. Unfortunately for the Veteran, the Atlanta VA had cut him to 40% with no C & P at all. As it turns out the fellow had the operation but there was an area of cancer they could not get to. This area was still growing and his PSA levels where on the way back up. He went to VA Benefits and they told him he could file for the 100% but it would be sometime before they got to it because of Iraq and Afghanistan.

Now this is not a complex medical decision and should be taken care of on the spot as a mistake made. It sounds like an intentional doing and not a mistake and once again in cumulative effects at VA this saves millions of dollars per year, which I am sure the VA management gets compensated.

I also heard from one of our Marines that the court ordered all his documents to his lawyer and his comment was you would not believe what these folks say about you in their files. Of this I have no doubt as they are nothing but gutless wonders hiding behind undisclosed process that even congress cannot find out what it is they are doing. Of course they have no guts to say it to your face from the clerks to middle management, management, and RO’s with the IQ of turnip; and probable enjoy that fact in their protected agency.

Like the Veteran in Iowa that sent me a sworn to statement that the VA out there said he would die before they approved his claim and any benefits.

I am sure that is why my simple claim will never be resolved because I am outspoken but I refuse to bow down to a lying federal agency like this. Many have told me that and I have no doubt it is true. VA avenging angels take their toll, you can count on that. But then if we all did bow down then we would not be winning some of these battles.

Any of you listening on SVR last Wednesday remember when Linda called in and said that the VA doctor did not want to (refused) write a report on her deceased husband. Many times I get the same thing in e-mails from other Vets and widows. In fact the real rule is stated below from the VHA Handbook. In fact she recanted the VA thanked her for educating them but still the cancer was not on their list of presumptive disorders. So a list put out by the Secretary of the VA overrules real science, studies, and medical facts. Christ how despicable and fraudulent is that?

I am also quite sure that VA frowns on their doctors following their own stated philosophy and rules.

I had some questions on BVA and how that works or "does not work" and will post that later.



Kelley

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