[usmc0341]

So here is my situation.

I went in for my final physical today prior to separating. I got diagnosed several years ago with moderate-to-severe sleep apnea and was issued a CPAP machine. Today while in my final physical the physicians assistant that conducted my physical asked me how the CPAP machine was working for me.

I told him that " I didn't use it a often as I should because the hose gets wrapped around my neck when I sleep and either strangles me or drags the machine off the bedside table" He wrote in the notes that "patient stated that he does not use issued CPAP machine" and underlined it twice. He then told me that this physical was just for the military and the VA will conduct their own physical and they don't even look at this one.

I didn't realize that he had written that until I had my first VA appt later today and she called me asking why my medical record states that I don't use my CPAP as that will probably void my claim to that even though I still have the issue whether I use the machine or not.

The VA rep told me to go back to the doctor that issued me the machine and get it read and try to come up with a solution to the choking issue and that would counteract the statement by the stupid physicians assistant.

Only problem is the lengthy process to get another appointment will cause the appointment to be made AFTER my claim filing next week.

I called the medical center back to see if they maintained copies of the physicals conducted because I was simply going to conduct another final physical but unfortunately they maintain copies so it would show that I already had a final physical conducted.

I'm at a loss as to what to do in this situation and would appreciate any help you can provide

 

[LooyvilleLarry]

YOU MUST get that corrected. You are 100% right that it will cause you an issue in the future. Even if you delay filing your claim.

 

[rice paddy daddy]

As someone who never recieved a separation physical due to Army trickery (and I was far from the only one) I can positively state that the government will use any means possible to screw you.
DO NOT let this pass. You MUST stand tall now, next month may be too late.
I wish I knew then what I know now.

 

[usmc0341]

The physicians assistant refuses to correct the statement saying that it is too late as the paperwork has already been filed.. now what? I'm so ****ed off right now that I can't think straight.

 

[usmc0341]

My question is, would anyone have a reason to compare copies of the paperwork? Indon't want to make this worse than it already is, but I would really like to be able to explain what exactly happened and essentially add a rebuttal or something

 

[no_fair_fights]

You're going to need a VA Advocate at the very least, and more likely an actual lawyer. Sorry for your luck.

 

[Adam]

If you visit a VA advocacy group, or you can do it yourself, you can fill out a supporting statement with your claim.

http://www.va.gov/vaforms/form_detail.asp?FormNo=21-4138

That will help you explain your situation and the details. I had to use one to explain why it was not possible for me to ask the enemy for a timeout so I could put my earplugs in before returning fire and the subsequent hearing loss associated with that. It is connecting the injury to military service, the CPAP is not a cure just a treatment as far as I am aware, so shouldn't affect the claim for service-related as far as I am aware.

Best of luck!

 

[BlasphemousBill]

You need to keep fighting. I've found when dealing with bureaucracy, especially in the military that if you keep fighting long enough you can get what you need. When someone says "too late" or "this is the way it is" or "I can't do anything", you say "get me someone else to talk to". You have a valid problem, an incorrect report. Keep pushing that.

Remember this, very often the bureaucracy is so large that few people actually know what the rules are. They run more off of "that's the way we do it" but tell you "these are the rules". That's rarely the case, and even if it is, there are still ways around it. Make sure you calm down before you talk to people. I've found that a mixture of anger and sweetness can be very helpful in these situations. You have to judge for yourself when to act angry, or especially nice. Make it an act so that your emotions don't get the better of you.

Last year I was injured on active duty. When trying to get treatment I had to go through a huge bureaucratic mess. I had to call at least 7 separate offices (perhaps as many as 10) that dealt with healthcare. At each step I was told "this is the way it is, this is the ONLY way to do this, you need to do X or call X". As soon as I called the next office, I would be told the previous office was wrong and that the ONLY way to get treatment was to follow a different set of steps and call different offices. This happened over half a dozen times. At one point I was told I had to call a TriCare office in Europe because that was where I was injured. That was obviously not the correct thing to do, but I was given the same rigmarole. I just kept fighting, and when something didn't sound right to me, I fought, cajoled, and issued my own concrete orders on the way things would be done. Eventually I got what I needed, and the 7-10 offices I'd called previously ALL turned out to be wrong.

 

[maine-marine]

If it was me,,, I would walk my butt into the BN Sgt Maj's office explain the situation and ask him if he could help you out....If he says no... I would walk over to the Base Sgt Maj and talk to him...if that failed... I would request Mast to speak with the CG....

no satisfaction... write a letter to your senator

 

[madcritter]

As someone who never recieved a separation physical due to Army trickery (and I was far from the only one) I can positively state that the government will use any means possible to screw you.
DO NOT let this pass. You MUST stand tall now, next month may be too late.
I wish I knew then what I know now.

Agreed, they shorted me out of one also and it's a fight with the VA.

If all else fells get another sleep apnea study and get it into the hands of your VA rep ASAP. It's worth 50%.

 

[Sgtlong63b]

VA is getting stricter on how they handle claims issuance and the issuance of equipment to patients.

It may be seen as trying to screw us out of benefits, but it isn't in this matter, it's an issue of waste.

A piece of advice for all those in the VA system is this; if you are issued a piece of equipment for any reason you are disability connection, such as a CPAP, either tell them you always use it or you have and use item when at appointments. VA is looking that if you don't use what they gave you to help you, then you do not have the issue. This is enough of a reason to halt all or part of your VA benefits. At that point you will have to appeal the decision which can take up to three years now.

If the machine or other piece of equipment bothers you or does not work right you must make an appointment to have it fixed.

In this case, you will probably need to have VA reevaluate the apnea issue if they do not include a percentage for it. If your VA evaluation is already performed then reapply for it after the initial decision.

Definitely get a good rep through DAV, American Legion, VFW or a group such as these. Stay away from VA reps though. I had them tell me they would not even put in for my cancer, the DAV said they would help and I was able to get it recognized. They also were very reluctant to put in for anything and would just tell me I would have to show proof of connection before they would help.

 

[enemy mind]

You need to keep fighting. I've found when dealing with bureaucracy, especially in the military that if you keep fighting long enough you can get what you need. When someone says "too late" or "this is the way it is" or "I can't do anything", you say "get me someone else to talk to". You have a valid problem, an incorrect report. Keep pushing that.

Remember this, very often the bureaucracy is so large that few people actually know what the rules are. They run more off of "that's the way we do it" but tell you "these are the rules". That's rarely the case, and even if it is, there are still ways around it. Make sure you calm down before you talk to people. I've found that a mixture of anger and sweetness can be very helpful in these situations. You have to judge for yourself when to act angry, or especially nice. Make it an act so that your emotions don't get the better of you.

Last year I was injured on active duty. When trying to get treatment I had to go through a huge bureaucratic mess. I had to call at least 7 separate offices (perhaps as many as 10) that dealt with healthcare. At each step I was told "this is the way it is, this is the ONLY way to do this, you need to do X or call X". As soon as I called the next office, I would be told the previous office was wrong and that the ONLY way to get treatment was to follow a different set of steps and call different offices. This happened over half a dozen times. At one point I was told I had to call a TriCare office in Europe because that was where I was injured. That was obviously not the correct thing to do, but I was given the same rigmarole. I just kept fighting, and when something didn't sound right to me, I fought, cajoled, and issued my own concrete orders on the way things would be done. Eventually I got what I needed, and the 7-10 offices I'd called previously ALL turned out to be wrong.

This is excellent advice (very accurate) on the problems of dealing with bureaucracy. It is maddening, and too many people just give up. You should be a veteran's adviser.

 

[siege571]

So here is my situation.

I went in for my final physical today prior to separating. I got diagnosed several years ago with moderate-to-severe sleep apnea and was issued a CPAP machine. Today while in my final physical the physicians assistant that conducted my physical asked me how the CPAP machine was working for me.

I told him that " I didn't use it a often as I should because the hose gets wrapped around my neck when I sleep and either strangles me or drags the machine off the bedside table" He wrote in the notes that "patient stated that he does not use issued CPAP machine" and underlined it twice. He then told me that this physical was just for the military and the VA will conduct their own physical and they don't even look at this one.

I didn't realize that he had written that until I had my first VA appt later today and she called me asking why my medical record states that I don't use my CPAP as that will probably void my claim to that even though I still have the issue whether I use the machine or not.

The VA rep told me to go back to the doctor that issued me the machine and get it read and try to come up with a solution to the choking issue and that would counteract the statement by the stupid physicians assistant.

Only problem is the lengthy process to get another appointment will cause the appointment to be made AFTER my claim filing next week.

I called the medical center back to see if they maintained copies of the physicals conducted because I was simply going to conduct another final physical but unfortunately they maintain copies so it would show that I already had a final physical conducted.

I'm at a loss as to what to do in this situation and would appreciate any help you can provide

I'm a former Marine (medical discharge) and have been married to it for a looong time. Please please please--delay your claim filing if you must. Get on the phone and make noise to whomever you have to in order to get another physical. There's no law that says you can't have another. It shouldn't matter who you go back to see as long as you get someone to write it in your med record--exactly what you said. Make your noise. You've served your years to retirement so I know you know how to do it. Stay on the phone and pester them until they give you an appointment ASAP.

The military does this to a lot of people--they tell them "Don't worry about it--the VA will take care of it." NONONONONO!

Why you need this WRITTEN CORRECTLY IN YOUR RECORD (not yelling at you ) if you have not been using it through no fault of your own (after all, it *was* strangling you), is that when you're not using it, it places you at a much higher risk of having a heart attack or stroke.

If you should develop problems related to a heart attack or stroke or actually have a heart attack or stroke, you want it to be service-connected with both the military and the VA. If you go to the VA with your record as is, there is no guarantee nor any requirement for the VA to correct the wording to your liking. If you were to have a heart attack or stroke (or other related problems) you could get zero compensation for it and less $ for your family should you become permanently disabled or die from it.

I got the medical boot in '89 as a sergeant, and I trusted the guy that said, "Oh, it's OK-just sign it and we'll take care of it later." Yes, I was young and stupid. I have a lovely 6 inch scar down my spine from stage III melanoma. When I was being discharged and told to sign the papers, it said "melanoma, benign" instead of "melanoma, malignant."

That was in 1989 (I happen to also have a 20% rating for TBI). My point here is, in all this time--25 years, I have not been able to get the VA to correct that one word from benign to malignant. It has made a huge difference in the treatment I am offered and in the VA rating.

So please, do whatever you need to do to get the info changed, even if it means you need to delay your VA claim. You can do your VA claim anytime anywhere--you can even do it on line. Good luck and S/F

 

[NHP1127]

We've all been told Obama Care will solve everything, right? Hilarious.

To your point, get a VA lawyer.

 

[Bazooka Joe]

The physicians assistant refuses to correct the statement saying that it is too late as the paperwork has already been filed.. now what? I'm so ****ed off right now that I can't think straight.

Once it has been written down by the doctor, it's part of the official medical record and it cannot be edited easily. However, amendments for incorrect records are allowed. I'm not sure about the military, but civilian health entities should have a form for making amendments.

 

[siege571]

The physicians assistant refuses to correct the statement saying that it is too late as the paperwork has already been filed.. now what? I'm so ****ed off right now that I can't think straight.

Chain of command. Find out who her boss is. Make noise. You can't make it any worse than it already is. What are they going to do? Shave your head and send you to Okinawa?

Later on, when you're dealing with the VA, you'll have to adjust your thinking. You will have to come to expect that delays will happen and it will likely take a while for the paperwork to come through. And there will most likely be mistakes. But that will be OK, because you're going to expect it. When reality doesn't meet our expectations, the result is disappointment. So what you'll be doing is lowering your expectations when it comes to dealing with the VA. That's the only way you'll be able to deal with the stress without turning into a monster that your family will want to put out with the trash.

But this is not that time. This is something that is going to get fixed ASAP. I'm all for physician assistants, but she's just a PA. She doesn't make the rules and her shortcoming is not going to wreck your right to a proper exit physical. And how dare she imply to you, someone who has given the best years of his life to our country, that something as minor as this can't be fixed. This is medical summation of the 20? 30? years of service that you have honorably served. You are done with her. There is nothing else she can do for you. In fact, she may very well be trying to cover her mistake. Start requesting mast. She has a chain of command. Start going up both your and her chains of command. This is not a time to make nice. It's time to be the squeaky wheel.

Go tell her boss that you've given the best years of your life for the Corps and your country and you do not deserve to be treated like this when it comes to getting the correct information into your last physical. And if he doesn't listen, just keep going up the chain of command. Pretty soon (I would say much sooner than later) someone is going to correct this problem, because they don't want it going to their boss. Boss is going to be ****ed that it wasn't taken care of at a lower level and is going to be wondering why someone (the PA) isn't doing her job well. The PA is brushing you off and hoping you just go away. You're done with her.

 

[ElevenBravo29th]

"Sir, if have to use the machine every night or else I may die in my sleep, further more this is a disorder I developed while I was serving as an active duty soldier and ask for consideration for medical discharge (if over 16 years -> ) and retirement."

EB

 

[Nomad 2nd]

So here is my situation.

I went in for my final physical today prior to separating. I got diagnosed several years ago with moderate-to-severe sleep apnea and was issued a CPAP machine. Today while in my final physical the physicians assistant that conducted my physical asked me how the CPAP machine was working for me.

I told him that " I didn't use it a often as I should because the hose gets wrapped around my neck when I sleep and either strangles me or drags the machine off the bedside table" He wrote in the notes that "patient stated that he does not use issued CPAP machine" and underlined it twice. He then told me that this physical was just for the military and the VA will conduct their own physical and they don't even look at this one.

I didn't realize that he had written that until I had my first VA appt later today and she called me asking why my medical record states that I don't use my CPAP as that will probably void my claim to that even though I still have the issue whether I use the machine or not.

The VA rep told me to go back to the doctor that issued me the machine and get it read and try to come up with a solution to the choking issue and that would counteract the statement by the stupid physicians assistant.

Only problem is the lengthy process to get another appointment will cause the appointment to be made AFTER my claim filing next week.

I called the medical center back to see if they maintained copies of the physicals conducted because I was simply going to conduct another final physical but unfortunately they maintain copies so it would show that I already had a final physical conducted.

I'm at a loss as to what to do in this situation and would appreciate any help you can provide

I am medically retired from the Marine Corps.

They tried and tried and tried to "F" me over. (still partially succeeded, but not as much as they could have by far.)

WHATEVER YOU DO REFUSE to be separated until the medical record is amended. (corrected as you will say.)

It will be amended to say that you need it, it's nearly impossible to sleep without it, however when you sleep with it it strangles you or falls off the nightstand due to the cord wrapping around your neck.

Period, full stop, end of story.

Step 1. Talk to doc
Step 2. Go to your command
Step 3. Talk to Doctor's boss
Step 4. JAG.

 

[AtkPilot]

However your evaluation turns out, you need to take the resulting paperwork into DAV and have them refile for you. They are a great bunch of guys and understand the process much better than any of us.

All of this will take time. From my first evaluation at retirement, to the last and final appeal, was a little over five years. That sounds as if VA is trying to screw you over, but the real problem is they just do not understand the Combined federal regulations. I would bet most of them have not even read CFR38chapter4. You need to take the time to read and understand that CFR yourself. An internet search will provide you with a copy.

I served on active duty for over 34 years 69 to 03, and if the Army didn't break it, they bent it.

Good luck

Try here. http://www.ecfr.gov/cgi-bin/text-id...62&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl

Edit: one more thing, if you do not already have a copy of your medical records, make a copy before you turn in your claim. Having a copy of all your medical paperwork is very important.

 

[Runamok]

Once it has been written down by the doctor, it's part of the official medical record and it cannot be edited easily. However, amendments for incorrect records are allowed. I'm not sure about the military, but civilian health entities should have a form for making amendments.

This is what I would suggest also. The PA sounds like he is just being lazy and trying to blow you off. It will probably be easier and faster to obtain than another appointment and physical as well.