VAC Doctor does not agree with my Doctors

[blackberet17]

As much as possible, ensure your neurologist provides a thorough review of your medical history in his/her report.

If he/she can provide copies of any studies (ie from medical journals), plus any test results, that would help.

The neurologist needs to be very clear about his medical opinion, that your medical condition is either related to your service - somehow - and/or the medical treatment or lack thereof provided by CF medical personnel caused or aggravated your medical condition.

It's clear the neurologist is not a lawyer - but the medical opinion they can provide, as to: timeliness of diagnosis, causes of wrongful diagnosis, inappropriateness of medical care provided, courses of treatment, etc.; all would be helpful in determining medical mismanagement.

From our Adjudicative Guidelines:

10.4 Disability resulting from medical treatment
•For a claim of “medical mismanagement” to be made, there must be some evidence that the medical treatment provided to the Applicant was unorthodox, or not in accordance with accepted standards of medical care for medical professionals treating this condition at that time. For example, in one of the Board’s Leading and Persuasive Decisions, it states there was no evidence that the medical treatment provided to the Applicant by the medical professionals at the Veterans Hospital in 1962 was negligent, or fell below the acceptable standard of care, and that this negligence caused the Applicant to contract Hepatitis C. The Board denied pension entitlement.

(See also Gannon v. Canada (Attorney General) 2006 FC 600 at par. 19)
Edit: to include link to above Federal Court case: http://decisions.fct-cf.gc.ca/en/2006/2006fc600/2006fc600.html

 

[rand_d]

Update.

BPA is sending a letter to specify what my Neurologist needs to confirm on my medical condition. Since he works with the neurosurgeon who did my surgery, I will try to get his input also.

BPA did make a comment that confuses me. According to the medical files available to them, I do not have a medical issue that they consider a disability. This is opposite to my actual situation, since I am being medically released from the military due to these issues, I have not worked a full day since 2010, have not worked at all since Aug 2012, am on LTD with SISIP until I turn 65, and I will be on VAC's  Rehabilitation Program when I release. I am beginning to suspect that they are cherry picking my medical records to support their decision. This is really getting confusing. :facepalm:

 

[Fishbone Jones]

This is really getting confusing. :facepalm:

Now your getting the hang of it. There's tons more where that came from. 

 

[blackberet17]

Now your getting the hang of it. There's tons more where that came from. 

What he said

This is actually not a surprise, and it's not necessarily a question of cherry picking.

Is there a diagnosis of a specific medical condition, is probably what BPA meant. If it's something vague (let's say "back pain", then it's difficult to say you have a medical condition. We all have back pain. But if you say you have osteoarthritis lumbar spine, with a medical diagnosis provided by an orthopaedic surgeon or confirmed on x-ray, then there's a disability for pension/award purposes.

Welcome to the red tape... :

 

[rand_d]

Thanks for your input Blackberet17, but that's what is puzzling me about this whole situation.

I do have a specific diagnosis that was confirmed by a MRI. I had a case of a severe reaction to meds that aggravated my  condition that I had to be hospitalized for, and due to this I required surgery. As a result of my surgery, I had a piece of my skull removed, so that my brain is only covered by the brain dura and my skin. Since then I am so cold intolerant that I cannot go into Walmart during the summer due to the air conditioning, unless I wear a Toque. I also have narcolepsy, sleep apnea and other issues.

The reason I think that BPA and VAC may be cherry picking my records is that I saw a neurologist about my problem, and he dismissed it and told me to take Advil. When I went to the MIR, they said that since I was already on non-steroidal anti-inflammatory drugs, I could not take Advil. A month later, I saw my neurosurgeon, and was fast tracked for surgery in 6 weeks (normal waiting time, 12-18 months). My letter from VAC seemed to dismiss  my neurosurgeon's diagnosis, but referred to the neurologist's diagnosis at least 3 times. It was from the neurologist's diagnosis that VAC said that I do not have any symptoms from my diagnosis or my surgery.  My question is why would I have needed the surgery? My neurosurgeon is an Associate Professor at a major university in Ontario, so it is not like he doesn't know his stuff.


Sorry, but I had to vent. Thanks for all your input.  :bowing:   I will post an update after I get the letter from BPA.

 

[Danjanou]

You should be advised that the RCL Service Officer are co-representing you with the BPA.  The are acting as one and the Service Officer does hold the BPA Office's feet to the fire.

Good advice. Nowhere does it say you can only have on or the other. Be a greedy bugger and have both. Best case scenario you end up with a both switched on BPA Lawyer and RCL VSO who work well together.  Worst case the exact opposite, a pair of mouth breathing numpties who hate each other.  Odds are though it will be somewhere in the middle and one will keep the other focussed.

I've met some really switched on, knowledgeable and dedicated RCL VSO's Tess probably knows one I'm thinking of. On the other hand I've met more than a few I wouldn't trust taking out my green bin once a week without them upgefucking that.  As for BPA, no real exposure yet, however I have never regretted turning down a chance to go to law school years ago , I do have some standards.  8)

 

[dapaterson]

I do have some standards.  8)

...which you'll overlook for a pair of cohibas and a 40 of Cuban rum...

 

[Danjanou]

...which you'll overlook for a pair of cohibas and a 40 of Cuban rum...

I brought back 2 boxes (25 each) Cohiba Esplendido's and 3 Bottles of 7 year Habana Club last month, so I'm walking the high road for a while longer.  ;D

 

[dapaterson]

I brought back 2 boxes (25 each) Cohiba Esplendido's and 3 Bottles of 7 year Habana Club last month, so I'm walking the high road for a while longer.  ;D

Well, 2 Cohibas per weekend means you'll run out in September.  And if you had any friends, they'd go even faster. 

 

[Danjanou]

Well, 2 Cohibas per weekend means you'll run out in September.  And if you had any friends, they'd go even faster. 

I have friends and I share with them, draw your own conclusions.  8) Besides that was just part of the hall from this trip. I actually had to buy another humidor down there. Between the three of them I have a noce stockpile.

 

[GAP]

I have friends and I share with them, draw your own conclusions.  8) Besides that was just part of the hall from this trip. I actually had to buy another humidor down there. Between the three of them I have a noce stockpile.

Now all you need is an eager intern......

 

[Danjanou]

Now all you need is an eager intern......

Please what a waste of a good cigar....and intern. 8)



And another thread spirals off on a tangent. Then again we are talking about VAC and the RCL here.......

 

[rand_d]

I got my letter from BPA, and there are some unusual errors  and omissions in the medical opinion.  The omission is that I had a severe bout of gastroenteritis, but omitted  that it was a severe reaction to Oxycontin. It was on my med files that I had a previous reaction to Oxycontin, but that is not mentioned, and other omissions like that. The big stuff is they seemed to get my doctors all mixed up. My neurosurgeon is now my sleep specialist and my normal doctor is now my neurosurgeon, and the doctor who did my sleep study is not mentioned at all, and their diagnosis seem to contradict what I have been told. The medical opinion stops in Apr 2012, so the letter states that narcolepsy has not been diagnosed, but my new sleep study doctor has diagnosed me with narcolepsy and sleep apnea in Sept 2012. All the medical info stops at Apr 2012, when I applied to VAC. Is all this normal? I could see the medical info from after my application being missed, but mixing up my doctors like this? Sooooo Confused??

Danjanou

Good advice. Nowhere does it say you can only have on or the other. Be a greedy bugger and have both. Best case scenario you end up with a both switched on BPA Lawyer and RCL VSO who work well together.  Worst case the exact opposite, a pair of mouth breathing numpties who hate each other.  Odds are though it will be somewhere in the middle and one will keep the other focussed.

I may just do that!!

 

[blackberet17]

What kind of letter? This is the side of the table I'm not overly familiar with.

My  :2c: :

Write everything down, as clearly as you can. Basically, create a chronology of all events, from the date of injury to the most recent consult with a physician/specialist/pharmacist. Add any points you deem relevant, such as for example when the reaction occurred to Oxy.

BPA could possibly be working only from the information they already have on file for you, what is already contained in your Head Office or Regional file, hence the Apr 12 endline. All of that documentation comes from all the reports they've received and from your service and service medical docs.

Don't hesitate to pm me with questions too. I'm in Gagetown as of next week until August, but will do my best to keep up to date here.

 

[rand_d]

blackberet17

The letter is from the Pension Medical Advisory to my specialist, that includes a copy of the Medical opinion from VAC that was used in denying my claim. It is in this medical opinion that all the errors are, and I just noticed that the medical advisor's signature and date is unsigned, so I have no idea who did the Medical opinion.  :facepalm:

 

[Danjanou]

I may just do that!!

let me know via PM if you run into any issues with the RCL on this.

 

[blackberet17]

The letter is from the Pension Medical Advisory to my specialist, that includes a copy of the Medical opinion from VAC that was used in denying my claim. It is in this medical opinion that all the errors are, and I just noticed that the medical advisor's signature and date is unsigned, so I have no idea who did the Medical opinion.  :facepalm:

Is the Pension Medical Advisory asking specific questions from your specialist? BPA does this when requesting medical opinions from specialists, just wondering if it's similar.
It sounds as though they are forwarding the VAC Med opinion to your specialist, to see what his/her opinion is. Not uncommon, VAC doesn't have doctors covering all the specialties.
So the errors are in the VAC medical opinion? Oye vey :facepalm:

 

[rand_d]

Is the Pension Medical Advisory asking specific questions from your specialist? BPA does this when requesting medical opinions from specialists, just wondering if it's similar.
It sounds as though they are forwarding the VAC Med opinion to your specialist, to see what his/her opinion is. Not uncommon, VAC doesn't have doctors covering all the specialties.
So the errors are in the VAC medical opinion? Oye vey :facepalm:

That is exactly what the letter is, a letter to my specialist. OYE VEY  :facepalm: INDEED!