IDES Program - Patient Rights Question - Help pretty please

J

julie1975

PEB Forum Regular Member
PEB Forum Veteran
Hello all,

I'm hoping Jason or someone with firm knowledge can advise me of my rights as an individual going through the IDES program. I was referred (officially) to the MEB on 26 July (am told I'm going to the PEB); at that time I requested my medical records. I checked yesterday and was told they weren't ready; it could take up to four weeks to receive my records. On 3 August I met with my MSC coordinator at Lackland AFB. He wanted me to sign the VA Form 21-0819 & 21-4138 which listed all my conditions. I was uncomfortable with this because first, the conditions my doc listed were inaccurate/incomplete and second, I haven't had a chance to review my records to validate all other conditions were listed.

The MSC coordinator told me he went through my records in a day (my records stack must have been 12 inches high or more) and listed all the conditions he found; he left some important ones off. I advised him I didn't have a chance to go through my records and he assured me he would add anything on at a later date. Needless to say my doc revised the unfitting portions (although it was still, IMO incomplete) and the MSC coordinator added on the conditions I mentioned at that 3 Aug appointment.

The MSC coordinator is haste when answering my questions, acts as if I'm bother him, and has now told me that any other conditions I find I can talk to the VA doctors about or file after the VA has already rated me. As a matter of fact he's scheduled me for three, yes three, back-to-back appointments in one day (the day after I return from leave); these appointments are at two different locations and spaced closely together. I called to ask him what specific medical appointment the appointments were addressing (the reason wasn't stated) and it was obvious he wanted to get me off the phone. I asked if I get an advocate for this process and he told me he was it! He basically said this was the process and there wasn't anything he could do about the way things were going. Just a really smug guy who lacks bedside manner.

My question is this…what are my rights as a patient? I feel I have no advocate in this process. Should I be afforded an opportunity to view my records before my appointments and add items/conditions to the VA forms? Something smells stinky here.

Appreciate any input! :-)

Vr,
Julie
 
If anyone's reading or interested, I thought I would provide an update on my progress. I'm in the IDES program and went to one of the PEBLO's on our base to voice my concerns. He's not the one who gave me my official brief but he assisted with my RILO and has been an angel through my entire process. He's bringing my concerns about the MSC coordinator up the chain. He meets weekly with this individuals supervisor and has had more than one complaint.

As far as the IDES I think I may be done with all my VA appointments. I had three last Wed (Vision, Audiology, and Mental Health); my General C & P Exam was on Friday. I was lucky to get a wonderful doctor at the VA and have to say, everyone was very kind. I am worried that my insomnia may not get addressed. It was addressed briefly during my Mental Health exam but the doc questioned why I was even there (I have mild anxiety and insomnia). Is this where insomnia should be addressed?

During my C & P general exam the doc had a PA present; he was training the PA on the system (both incredibly nice individuals). Since my service disqualifying conditions are my back pain, nerve pain, and scar pain, I was a little worried when I performed my range-of-motion without the geonomiter (sp?) device. The nice doc said "well, that looks like 35-40 degrees forward". After I asked for the official forward flexion, the PA had me perform forward flexion again, using the geonomitor; it was 22 forward flexion. Big difference haha!

Anyway, my information is as follows:

Disqualifying conditions listed as:
Chronic Back Pain
Lower Left Radiculopathy
Skin Tenderness/Scars (forgot the medical term my doc used)

my timeline is as follows:

26 July: Official MEB brief
3 Aug: Meet with MSC Coordinator
11 Aug: Received copies of medical records
17 & 19 Aug: VA Exams

I'll keep my timeline updated if anyone is interested. Thanks all and good luck to everyone.
 
Julie, I about had a heart attack when I read that they didn't use a goniometer - thank god I read they did in the next sentence. There's a huge difference in the ratings between 22 degrees and 35-40 degrees. Thankfully they did the right thing and used the goniometer.

Looks like your timeline is going pretty quick - best of luck!

Tom
 
dashfan9 said:
Julie, I about had a heart attack when I read that they didn't use a goniometer - thank god I read they did in the next sentence. There's a huge difference in the ratings between 22 degrees and 35-40 degrees. Thankfully they did the right thing and used the goniometer.

Looks like your timeline is going pretty quick - best of luck!

Tom
Click to expand...


Thanks Tom! I'm hoping they drag it out since I'm almost at 18 years and want to be returned to duty. Yes, I almost passed out when he said "35-40". I've had two ROM's and both were in their 20's for FF. LOL
 
When they did my ROM, I was surprised at how bad my results were. I came in under 30 degrees forward, less than 10 backwards. I already knew my backwards extension was horrible. They actually surprised me too with my neck, my pain-free ROM is pretty limited. All in all I think I was examined and rated fairly, pretty lucky seeing how other people are treated in this process.

Good luck at dragging it out - if I were in your situation I would too. But I hit 8 years in a few days so I don't have to deal with that. Just waiting on orders to come down and I am finally done!
 
julie1975,

Glad to hear things are going well. Sorry I missed your earlier post (I was travelling for some formal PEB hearings).

Your question about what "rights" you have is so complicated. I have a hard time answering because on the one hand you have numerous "rights." At the same time, some of those rights are routinely ignored and it starts to get abstract as to what you can enforce. ("Rights" that you cannot effectively enforce or take more effort to enforce than they are worth or that will likely be best addressed in other ways are many).

For example, I think under the umbrella of HIPAA or the Privacy Act, you have the right to access and a copy of your records at essentially any time. You likely have other rights, in addition to those spelled out in the regulations, by virtue of the Administrative Procedures Act. But, if the records are not available, are being used as part of the process, or are being withheld, it can be monumentally difficult to get a copy before you are provided with a copy of the MEB. In some cases, you would definitely want or need a copy earlier (and you can try to assert your rights either through a Privacy Act request, with the assistance of the IG, or through other avenues- You can even sue in Federal District Court for denied access to your records. But the process can take weeks or months (and in some cases years)). But, in some cases, you just wait until you are provided a copy and/or appeal or rebut at the appropriate stage of the process. Again, in the abstract, it is extremely difficult to answer how to address an issue. You need concrete facts after attempting to assert a right to see what makes most sense.

I hope your progress continues to a great outcome. Good luck!
 
Thanks so much Jason! No worries, I know you're pretty busy. Thanks for the explanation on rights; I've pretty much discounted my MSC rep and go through my PEBLO for assistance/answers. I was fortunate enough that my PEBLO worked late the Friday before my appointments to print out copies of my records. I would have been lost during my C & P exams without a refresh of my medical history. He has been my saving grace! I appreciate your response, thanks for all you do for us!

Vr,
Julie
 
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