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Are Pre-Programmed False Statements on Veterans’ Medical Records being used to Deny Claims?
Pre-Programmed False Statements on Veterans’ Computerized Medical Record Progress Notes whether being used by the VA intentionally or unintentionally to describe the Veteran-patient’s true medical condition or its “residuals,” are or could be used as a “basis to deny” Veterans’ service-connected and non-service connected disability claims, federal tort claims, and social security disability insurance claims, among other things.
“FALSE STATEMENTS” ARE A VIOLATION OF: TITLE 18> PART 1 > CHAPTER 47 > SECTION 1035, ET SEQ., AMONG OTHER THINGS.
Below are samples of “Pre-Programmed” statements that you may find on your written or electronic “Medical Record Progress Notes” that may or may not be accurate. Paragraphs 1 through 8 set forth below are the ones if not accurate, could most likely cause your claim to be “denied.”
So after reading the information below, whether you have a pending VA or other Government Disability claim or not, be sure to check all of your current and future VA medical records for accuracy… You can get a copy of any of your VA medical records from the “Release of Information” Office at the VA Medical Center where you receive treatment.
1. “This patient denies any other new medical problems.”
2. “The patient ‘DENIES’ both short-term and long term exercise intolerances.”
3. “The patient ‘DENIES’ profound muscle weakness, which unable him to raise his arm to comb hair, stand up from a chair or lift his head from a pillow, facial rash, Gottron sign, v-sign, and shwal sign.”
4. “The patient ‘DENIES’ symmetric polyarticular arthralgia/arthritis, malar rash, oral ulcer, discoid lesion, photosensitivity, nephritis, serositis, dry eyes and dry mouth, Raynaud’s phenomenon and sclerodactyly.”
5. “There has been no persistent nausea, emesis, or diarrhea, no persistent fever or chills, no acute sino-bronchitic symptoms, no acute dyspnea, no hemoptsis, no recurrent GI or GU bleeding, no significant chest pain or unstable anginal episodes of concern to the patient, no persistent weight loss, no UTI symptoms, no synscope, no TIA episodes, no persistent irregular bowel movements, no persistent anorexia, and no unusual palpitations.”
6. “The tests were reviewed with the patient.”
7. “Otherwise the patient has no further medical complaints.
8. “Also the patient relays no new significant signs of symptoms referable to the ENT, Constitutional, pulmonary, cv, GI/GU or Neurological areas occurring since the last clinic visit.
Also Visit the following other Pre-Programmed Categories on your VA “Medical Record Progress Notes” and check them for accuracy:
Vital Signs, Reason for Visit, Pain Score, Allergies, Active Problems, Active Medications, Selected Medical History, Chief Complaint, History of Present Illness, Exam, Assessment, Mental Health Status, General appearance, Head/Neck, Eyes, Ears/Nose, Mouth, Chest/Breast, Lungs, Cardiac, Abdomen, Genitalia/Hernia, Rectal/Prostate, Back, Feet, Extremities, Skin, Lymphatics, Neurological/Psychiatric, Mobility, Activity Intolerance, Activity of daily living, Nutrition, Evidence of abuse or neglect, potential barriers, tobacco use, exercise, Contraindication to vigorous exercise, alcohol screening, PTSD Screen, PTSD Score, Mood Screen, Mood Score, Colorectal Screening, Vaccinations, Sun Protection, Hypertension, COPD, Diabetic Foot Examination, Plan, Active Medications.
Speak Up: Help Prevent Errors in Your Care. You have the right to do so at any time, as a matter of Law.
http://www.jointcommission.org/NR/rdonlyres/484AD48F-C464-4B5B-8D70-AA79179B3970/0/Speakup.pdf
TO READTITLE 18> PART 1 > CHAPTER 47 > SECTION 1035, ET SEQ., AMONG OTHER THINGSCLICK ONTO THE URL’S BELOW:
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001035—-000-.html
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000024—-000-.html#b
Short URL: http://www.veteranstoday.com/?p=41171
Posted by Terry Richards on Jul 22 2010, With 0 Reads, Filed under Benefits, Vet News, Veteran Service Organizations, Veterans Affairs. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
COMMENTS
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The VA has a whole bunch of stock language used to discourage veterans from appealing, veterans report.
“Could not establish…”
“Records do not … ”
VA wants you dead or to leave them alone.
testing
EXCELLENT ARTICLE !
As a retired Army medic and med records clerk, this practice of the VA to deny
any FURTHER conditions resulting from service connected illnesses & injuries is their SOP.
Am I wrong in asking this Question or not?????
DOESN’T THE VETERANS ADMINISTRATION AND OUR FEDERAL GOVERNMENT GET PAID BY US TAX PAYERS AND WORK FOR THE AMERICAN CITIZENS?????? OR IS IT ALL SET UP TO JUST HELP COUNTRIES OVER SEAS AND PROFIT FOR JUST THE RICH AND FAMOUS????
Am I wrong by asking this????
Veterans are just that DAMIT!!!! we served our country, we fought for our country. and we deal with the stress and anger from being played by those that we pay and expect to do their jobs!!!!
Am I wrong and thinking this or NOT?????
Something needs to be done to the whole DAMN SYSREM and FAST!!!!!!
Wow. Thanks for the head’s up. I think I need to take a look at my information.
Paraphrasing, the beginning of the article stated that “notes” could be used as a “basis to deny” veteran’s service-connected or non-service-connected claims, federal tort claims and social security disability insurance claims among other things.
“among other things,” is our treatment. That’s how it has turned out for me. I hate the VA. Shame is, it’s the Mental Health Clinic. Personalities before Principles. Old School vs New School. One group/Clique vs another. Some favor one diagnosis to another. My doctor transfers to another job…..(teaching hospital. Wouldn’t doubt if he’s not relieved either after working with these jerks…even from a distance. Can’t blame him)I go to “the clinic” (the wolves)who “Don’t treat what I have….’anywhere in the VA.” and deal with me by changing my diagnosis. Evidently the way that treat the new diagnosis is to ignore the veteran. I’m sad and now broke because I don’t trust the incompetency of the Doctors at the VA and pay someone in the community. I’m 100% SC. I should not have to put up with this kind of discrimination. SPOKEN and will continue to SPEAK !!!!
I emailed Mr. Terry Richards for help. Never got a reply.
Be careful of what you say to this Terry Richards. His email is veteranscorner@yahoo.com. He claims to be an attorney who helps Veterans but I think he just helps himself.
Careful what you say here. Terry claims to be an attorney who helps Vets. His email is veterascorner at yahoo. I also emailed him and never got a reply.