January 14, 2020
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Dear Sir or Madam, Reviewer, Adjudicator, or Honorable Judge,
Thank you for reading my case.
I received many favorable
Decisions: I was found Service Connected,
11/22/2019 Department of
Veterans Affairs, Regional Office Director, Evidence Intake Center, P.O. Box
4444, Jackson, WI, 53547-4444 decision on Service Connection and Disabilities.
which I accept claim in-part, but not all parts, with many
disabilities identified by the reviewer as diagnosed disabilities shown by
Medical Evidence. The reviewer overlooked many others that appeared to be
because of missing information from military medical records while decision
made, misdiagnosed information in medical record, some very important decision
was left out, like decision on neck spasms, head, cervical spine, decisions
left out altogether, ie. head injury requiring stitching and other treatment, not
even included in the review, and information that I had yet to file that I
spoke with a Veteran Rehabilitation Representative Collins in August 2019 that
I was filing January 1, 2020, mainly nexus information. I am allowed to request
Supplemental further review, add additional information, and provide argument
on the old information that I see not interpreted correctly by the Reviewer. My
last day to file claim information is January 7, 2020 being I opened the claim
January 10th, 2019, and 2-day Mail Service and January 22, 2020 60 days after
initial determination.
That was my visit from 10/28/2018. From my visit to UMC, just
30 days, after what they did, my determination reads, #5, Service Connection
for dermatitis (also claimed as cellulitis) is denied. I never claimed
dermatitis skin problems was cellulitis, I had many dermatitis problems in the
military and in my records, connecting the two, and the service records was not
cellulitis. Of course they denied the foot because I did not see their Doctor when
there was enough evidence in the military record, which they said was none, to
Service Connection. It goes on.
Hacking my sites for Witness Intimidation.
A sticking point which I thought satisfied was showing
"Good Cause" for missing appointments with VA/Q & C Doctor
Examiners. I thought I had satisfied that burden but I have to submit
additional Show of Good Cause for missing 3 appointments and declining
scheduling for others from May 2019 - August 2019.
NRS 41A.015 “Professional negligence” defined. “Professional
negligence” means the failure of a provider of health care, in rendering
services, to use the reasonable care, skill or knowledge ordinarily used under
similar circumstances by similarly trained and experienced providers of health
care.
NRS 41A.017 “Provider of health care” defined. “Provider of
health care” means a physician licensed pursuant to chapter 630 or 633 of NRS,
physician assistant, dentist, licensed nurse, dispensing optician, optometrist,
registered physical therapist, podiatric physician, licensed psychologist,
chiropractor, doctor of Oriental medicine, medical laboratory director or
technician, licensed dietitian or a licensed hospital, clinic, surgery center,
physicians’ professional corporation or group practice that employs any such
person and its employees.
In the case of the Indian Medical Association vs. V.P. Shanta
and Ors., III (1995) CPJ 1 (SC), the Supreme Court finally decided on the issue
of coverage of medical profession within the ambit of the Consumer Protection
Act, 1986 so that all ambiguity on the subject was cleared. With this epoch
making decision, doctors and hospitals became aware ... all patients are
consumers even if treatment is given free of charge. (Maybe why VA/Insurers
have unpaid or not paid bills).
NRS 42.001 Definitions;
exceptions. As used in this chapter, unless the context otherwise requires and
except as otherwise provided in subsection 5 of NRS 42.005:
1. “Conscious
disregard” means the knowledge of the probable harmful consequences of a
wrongful act and a willful and deliberate failure to act to avoid those
consequences.
"The
right to refuse treatment goes hand in hand with another patient right—the right to informed consent. You should only
consent to medical treatment if you have sufficient information about your
diagnosis and all treatment options available in terms you can understand.
Before a physician can begin any course of treatment, the physician must make the patient aware of what he plans to do.
For any course of treatment that is above routine medical procedures, the
physician must disclose as much information as possible so you may make an
informed decision about your care.
When a
patient has been sufficiently informed about the treatment options offered by a physician, the patient has the
right to accept or refuse treatment, which includes
what a health care provider will and won't do.
It is
unethical to physically force or coerce a patient into treatment against his
will if he is of sound mind and is
mentally capable of making an informed decision."
Retrieved
from:
2. “Fraud” means
an intentional misrepresentation, deception or concealment of a material fact
known to the person with the intent to deprive another person of his or her
rights or property or to otherwise injure another person.
3. “Malice,
express or implied” means conduct which is intended to injure a person or
despicable conduct which is engaged in with a conscious disregard of the rights
or safety of others.
Good Cause;
Attempted framing me: In December, 2019, I filed allegations of 24 Misdiagnosis
VA, 27 Misdiagnosis UMC, 3 Misdiagnosis Sunrise Hospital. Many attempted at
framings:
A couple days after I dropped off my
form at the Las Vegas VA Jan. 08, 2020 and Wisconsin overnighted Jan. 09, 2020,
I went online to update my medications. They have been set up for a couple
years where I can order medications to be sent out a couple months ahead of
time like Screen Shot 1. But, the fishy action came from someone at the IT
department manipulating style sheets in Screen Shots 1 - 3. I updated
medications on 1/10/2020 and nothing showed up as late being overdue to order.
Then I went back to check everything a second time after submitting order, and
the IT people had set up so after I ordered the style/sheets would reset to
show many things ordered late, not the couple months ahead of time. So, of
course, I have to resubmit the order, now late. But, it did not stop there with
the IT VA department; internet people. I called in two medications because they
showed non available. This in screen shot 2 where you see the empty box that I
have never seen before in many years ordering using myhealthvet. Top Swab for
folliculitis and Mupirocin for foot, Service Connected maybe, show empty boxes.
The young lady that I talked to get on the CPRS communicating machine doctors,
nurses, administrators and said the last medication were order by new doctor on
bottle, and she said she was a pharmacist, but on the bottle from the new
doctor on bottles, it states she is Primary Care Doctor. She say one of the
medication, foot powders, was in someone else name and she would have to
contact Doctor Garcia to order this one. I told her that Doctor Garcia is not
my Doctor yet because I have never seen him. Well, she changed the foot powder
medicine to Mupirocin for foot, Screen Shot 3, which I think I had ordered.
But, it too has a blank so that any date, backdate, can be written to cause an
adverse decision on my claim. They may put 12 months? No using medication for
problems.
This continued misconduct by the VA
IT people is a problem.
But, you say there is history of me
not using medication or not as prescribed which has a lot to do with gastritis.
There are 5 reasons my medications may have been off over the last twenty
years. This is documented in my medical records, repeating these:
1. 06/10/2016 Greene, John 04:31 Diagnosed: dermatitis and
cellulitis, Patient's questions have been answered satisfactorily. Patient
verbalized understanding of our plan of care and is agreeable to it. No mental
health changes, Coherent, cooperative, does not appear depressed, (doc 182.5)
12/21/2015 John R. Greene Peripheral Nerve Disease Hands and
toes 12/21/2015 John R Greene suggested
that I decrease metformin for few days to test if the problem(s) 12/21/2015
John R Greene ruled out stroke after different test, maybe pinched nerve from
back
2.
10/19/2016 David L Shepard put in test I received result letter from Larry
(nurse) negative for illicit drugs 10/19/2016 David L Shepard I had sent Doctor
Shepard’s nurse a letter to decrease Tramadol to 3x to 2x 10/19/2016 David L
Shepard His nurse, Larry Preston, responded p117 that I could take 3, 2, 1 or
none it said as needed
10/19/2016
Shepard IMED on opioid, tramadol "may reduce a person’s pain enough for
you to feel better to do more" 10/19/2016 David L Shepard I had sent
Doctor Shepard's Nurse a letter to ask Doctor Shepard decrease Tramadol to 3x
to 2x
10/19/2016
David L Shepard's Nurse responded in
letter that I could take 3, 2, 1 or none it said as needed
3. At work, one of my Doctors wrote
that I had to stop using most of my medicine because they, side effects, were
affecting me adversely on the job.
4. My eye doctor in 2019 states that
something in Aspirin was negatively affecting my eyesight. So, some medicines
are good for one thing, but damaging to another.
5.Naproxin (allergy, stomach pain)
If
you have gastritis caused by NSAIDs or other drugs, avoiding those drugs may be enough to relieve your
symptoms.
So with these five things, medicine
may build up, where I order medicine later than what is stated as order date on
eBenefits. But, what happen this week has happened before around my
disabilities times, and I am sure they have happened with other Veterans as
they are skilled at adversely manipulating fabricated false data against me,
the Veteran (s).
Screen Shot 1
Additional Good Cause Added to claim:
(1)---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The regulations prohibiting Healthcare fraud are both
specific and complex. This means that
if you are charged with a Healthcare fraud violation, your conduct may be
punishable under a number of different federal statutes.
I was always suspicious of
being sent to UMC for a head injury, and switched to a workup for a heart
attack which I told VA ER that I had no chest pain, and I told UMC, no chest
pain, and that I had a Heart Attack, and I was not having a heart attack. My condition
had already been diagnosed as Defecation syncope. Doctors from VA and UMC put
into the medical records that I said that I was not having chest pain. The
Readings did not show it to be a heart attack which would make it easy to prove
that I did not have a heart attack in 2018, and the Doctor at UMC that was to
do the workup seem anxious to test while saying she found nothing to test for.
I thought it was a planned attempt to try to disprove my 2009 heart attack by
reconstructing a fake heart attack that was not there. A nurse imported to the
VA to try to make it legitimate mixing up a sentence to look like I said I had
pain.
08/29/2018
Fares, Robert A M.D. Non-VA Care Hospital Note, UMC< NSTEMI, His EKG does
show some ST elevation in V1 and V2. "The patient is also complaining of
any chest pain"
Nyugen, Sun, and Nazia notes
read I had chest pain furthering the fabricated false statement, misdiagnosis,
that I had chest pain. In viewing the VA Decision, 11/22/2019, 30 days after
Nyugen, Sun, and Nazia notes read I had chest pain furthering the fabricated
false statement, misdiagnosis, that I had chest pain, another Doctor at UMC
misdiagnosed that I had heart surgery in the past, when I have never had heart
surgery. The incident showed up on the VA Decision, as #2 decision
"Service connection for coronary artery disease (CAD) (also claimed as
syncope, fainting spells) is denied. I did not put that sentence together on my
application but it was something that the fabricated evidence prove that did
happen. CAD and Syncope were claimed separately. My two syncope experiences did
not come from heart attacks. This was put together by the Doctors at the VA and
UMC to disprove CAD, when I never had a heart attack; staged to deny disability
is my belief. I filed a misdiagnose by the Doctors on an Amendment to the
Record in December. I did have elevated STs in 2018 and in the past, and since
2001 diagnosed with abnormal T-wave at the VA, and other different CAD
problems, not specifically claimed as fainting spells by me. The Doctor
proposed doing an additional electrocardiograph (ECG) which traces the negative
or abnormal T-wave that I speculate with the rest of UMC misdiagnosis would
have found no abnormal T-wave anymore, and the ST-Elevations explain away by
testing, maybe. The main signs of a Stemi is Chest pain and sweatiness which I
had neither. A couple Doctors diagnosed that my problem was Defecation syncope
but I don't see that recorded in my records; those over my Doctor in ER that
diagnosed Defecation syncope wanted to do the heart attack testing workup.
05/13/2013
Tsuda M.D. Abnormal ECG, Nonspecific T Wave abnormality, early repolarization,
Sinus tachycardia, atrial rate 113 BPM, QT 326 MS, QTC 447 MS
08/29/2018
Supervisory Statement J Villaflor M.D. UMC Syncopal episode. He has a mild
headache locally. He denies any chest pain or any other pain from the fall. He
has no chest discomfort. He denies any vision change or speech change. Patient
still maintains that he did not and currently does not have any chest
discomfort. The VA Hospital obtained ECG number concern for possible STEMI. He
reports that he never smoked. He has never used smokeless tobacco. He reports
that he does not drink alcohol or use drugs.
08/29/2018 Roth, Taylor M.D. UMC University Medical Center, Syncope,
Patient was unconscious for about 30 minutes. Cardiology team was present at
bedside immediately who agreed that this did not have the appearance of acute
ST elevation myocardial infarction.
(2)----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Submitted
12/26/2019 Request for Amendment to Medical Records UMC, ER 5 NORTH, Claim # 10, Allege/Legal Argument: Sharon Weiser
(my case manager that was assigned to me), RN misdiagnosed "he refused to
sign requested to s/w mgr. and requested a complaint form right now."
"By yelling that at me" Weisner has this out of sequence, I requested
a complaint form, she informed me UMC does not have "written with
letterhead" complaint forms. So, I requested to speak with her supervisor.
No one else places in my medical records except the person coordinating
misconduct in my case. (And Denise Delgado from VA who talked to A Nyugen UMC
in 2015 in VA notes, and that November 28 was written by Nazi Khan as my
release, discharge, date, instead of November 22, 2019 my actual discharge
date. I filed several complaints against Denise Delgado when she fabricated
false statements, racial slurs, and misdiagnosis in my medical records January
2019 and she contact Doctor Asistores and my VA case manager, that worked
similar to Weisner, over the past two years, I assume as case managers, they
Coordinate corruption and misconduct between Doctors, Billing Offices, and
Nurses.) 3 pages attached; pages 201 - 203. One week before my first
appointment with Doctor Asistores, these communications took place, Virginia C
Vega, Denise R. Delgado's Supervisor, signed 11/06/2017 receipt acknowledged by
Lynda S Kruithoff, Doctor Asistores’s Administrative Nurse, on 11/10/2017;
after Larry Cohen Authored a note on 11/06/2017 whom also wrote false statement
in my medical records, whom was working with Virginia C Vega, Supervisor of the
ER, doc 24. I think this is when I was switched from Doctor Shepard as Primary
Care Provider to Doctor Asistores. Nurse Delgado angrily writes after calling me a
few names: "THIS Nurse ATTEMPTED TO EDUCATE PT THAT "GETTING
WET" DOES NOT MAKE A PERSON ILL."
But, it can. She misdiagnosed my problems to cover up Sinusitis. A
problem that I had in the military:
01/12/2019 Gordon, Jessica DO ER assessment 01/12, 2019 @
02:10 bronchitis, sinusitis Low inspiratory volumes. Albuterol 90 mcg, 2000
oral inhl, 2 puffs every four hours as needed for breathing Pseudoephedrine Hcl
30 mg tab signs and symptoms of a person’s condition include trouble breathing,
drainage from a person’s nose, pain and pressure in a person’s face, headache,
ear pain, fever and weakness. Sinusitis comes more than likely from infected
"deviated septum" that I have. Prohibited from driving or operating
vehicle next 6 hours because of medication. Weight 293 pounds. A sinus
infection happens when viruses, bacteria, or a fungus grow within the
sinuses..."moist environment for an infection to grow. Physical Exam
General Appearance, well developed, well nourished, in no acute distress (they
see me simultaneous and two very different me, it would seem) The sclerae were
anicteric and conjunctivae were pin and moist. Lungs revealed rhonchus breath
sound. He admits to sinus pressure, sore throat, runny nose. Patient had
improved on re-evaluation. (I was given a couple Tylenol and put on some sort
of Sinus breathing machine for about twenty-minutes to half-hour and check for
nasal pneumonia with soaves by the Nurse. I was given chest x-rays with by a
portable machine by radiologist person.
(3)----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Allegation 8. Nurse James. The
Agreement, the third was Doctor Asistores Nurse, first
time seeing me, wrote in the medical records that I walked/ambulated with a
cane (Document 97). She did not put anything in the place of Monofilament Exam,
but she said she did a foot exam and did not (Document 96 11/17/2017). This
done so Asistores could import statement from Doctor Shepard associating it
with the foot. A year later, she was the same person that wrote the false
statement, misdiagnosis, misdiagnosis, misdiagnosis, about the filament test
being normal the same day Doctor Asistores asserted the second Service
Connection: Yes. But, on 8/17/2018 when Asistores wrote Service Connection: NO,
Nurse James told the truth in Document 98, Right Foot: Not Done, Left Foot: not
done, because I took my shoes off for an examination this time and she did not
do them because she would have to put "abnormal" in some form of
speech. Then James wrote the false statement,
misdiagnosis, misdiagnosis, misdiagnosis, about I had a normal foot filament
test (Document 99, 100, 101, 102); when fifteen years of Doctors and Nurses had
written the opposite, even one on the same day, a foot specialist Nurse wrote abnormal
(Document 103, 104), and Resident Sheth wrote Abnormal (Document 105),
(Document 107, 109, August 16, 2005 and 07/18/2014 same) and the MRI proves the
same (Documents 108).
Use of the 10g monofilament in the
screening of the diabetic foot ·
Sensory examination should be done in a relaxed setting. First apply the monofilament on the patient s
inner wrist so the patient knows what to expect. · The patient must not be able to see if and where the
examiner applies the monofilament. The
five sites to be tested on both feet are the pulp of the 1st and 3rd toes, and
MPJ s 1,3 and 5 (total 10 sites). (See figure). · Apply the monofilament perpendicular to the skin surface. · Apply sufficient force to cause the
filament to bend or buckle for 1-1.5 seconds. · Apply the filament at the edge of and not on an ulcer,
callus, scar or necrotic tissue. · Do not slide the filament across the skin or make
repetitive contact at the test site. · Ask the patient to respond with a yes
every time pressure is detected. · For the purposes of annual review: normal sensation =
detecting eight or more monofilaments or abnormal sensation = detecting seven
or fewer. NB any patient with a current
or previous foot ulcer, or amputation of any part of a foot, is already high
risk, irrespective of the presence or absence of neuropathy.
They try to narrow the "Diabetes Mellitus Without
Complication" only to the foot; which the statement to be true would also
include my full Diabetes Mellitus problems in my 25 year medical records in the
military and Veterans Hospital; the foot is one primary Nexus to Service
Connection injury and/or disease but I have many Complications from Diabetes
Mellitus as some actual Complication of Diabetes (Mellitus) are listed on
the American Diabetes Association Website,
such as:
Skin Complications
Eye Complications
Neuropathy, Foot Complications
Heart Disease, MI Complications
High Blood Pressure, Hypertension Complications
Mental Health Complications
Kidney Conditions Complications
Gastro Complication
It appears after Social Security ruled still disabled in
2014, Doctor Shepard set off to change this by my next review, by fabricated
false diagnoses, fabricating false evidence by using trickery. His nurse, like
James, wrote normal, but like Doctor Shepard, his nurse did not go as far as to
say I smoked totally, analogy to monofilament exam normal, but with an indirect
implication with cover in this statement:
Right foot normal numbness and
pain
Left foot normal numbness and
pain
Doctor Shepard was the preparer, the trial run, but something
happened and Asistores took over with more aggressive fabricated lies. The eye
doctor under Doctor Shepard wrote the trial run in 2017, but had to write the
exact same thing in Jan 2019, a second time, under Doctor Asistores because things
were preplanned to fabricate false evidence to cause my claim, benefits, compensations
to be denied.
The
regulations prohibiting Healthcare fraud are both specific and complex. This means that if you are charged with a
Healthcare fraud violation, your conduct may be punishable under a number of
different federal statutes.
I was always suspicious of
being sent to UMC for a head injury, and switched to a workup for a heart
attack which I told VA ER that I had no chest pain, and I told UMC, no chest
pain, and that I had a Heart Attack, and I was not having a heart attack. My
condition had already been diagnosed as Defecation syncope. Doctors from VA and
UMC put into the medical records that I said that I was not having chest pain.
The Readings did not show it to be a heart attack which would make it easy to
prove that I did not have a heart attack in 2018, and the Doctor at UMC that
was to do the workup seem anxious to test while saying she found nothing to
test for. I thought it was a planned attempt to try to disprove my 2009 heart
attack by reconstructing a fake heart attack that was not there. A nurse
imported to the VA to try to make it legitimate mixing up a sentence to look like
I said I had pain.
08/29/2018
Fares, Robert A M.D. Non-VA Care Hospital Note, UMC< NSTEMI, His EKG does
show some ST elevation in V1 and V2. "The patient is also complaining of
any chest pain"
Nyugen, Sun, and Nazia notes
read I had chest pain furthering the fabricated false statement, misdiagnosis,
that I had chest pain. In viewing the VA Decision, 11/22/2019, 30 days after
Nyugen, Sun, and Nazia notes read I had chest pain furthering the fabricated
false statement, misdiagnosis, that I had chest pain, another Doctor at UMC
misdiagnosed that I had heart surgery in the past, when I have never had heart
surgery. The incident showed up on the VA Decision, as #2 decision
"Service connection for coronary artery disease (CAD) (also claimed as
syncope, fainting spells) is denied. I did not put that sentence together on my
application but it was something that the fabricated evidence prove that did
happen. CAD and Syncope were claimed separately. My two syncope experiences did
not come from heart attacks. This was put together by the Doctors at the VA and
UMC to disprove CAD, when I never had a heart attack; staged to deny disability
is my belief. I filed a misdiagnose by the Doctors on an Amendment to the
Record in December. I did have elevated STs in 2018 and in the past, and since
2001 diagnosed with abnormal T-wave at the VA, and other different CAD
problems, not specifically claimed as fainting spells by me. The Doctor
proposed doing an additional electrocardiograph (ECG) which traces the negative
or abnormal T-wave that I speculate with the rest of UMC misdiagnosis would
have found no abnormal T-wave anymore, and the ST-Elevations explain away by
testing, maybe. The main signs of a Stemi is Chest pain and sweatiness which I
had neither. A couple Doctors diagnosed that my problem was Defecation syncope
but I don't see that recorded in my records; those over my Doctor in ER that
diagnosed Defecation syncope wanted to do the heart attack testing workup.
05/13/2013
Tsuda M.D. Abnormal ECG, Nonspecific T Wave abnormality, early repolarization,
Sinus tachycardia, atrial rate 113 BPM, QT 326 MS, QTC 447 MS
08/29/2018
Supervisory Statement J Villaflor M.D. UMC Syncopal episode. He has a mild
headache locally. He denies any chest pain or any other pain from the fall. He
has no chest discomfort. He denies any vision change or speech change. Patient
still maintains that he did not and currently does not have any chest
discomfort. The VA Hospital obtained ECG number concern for possible STEMI. He
reports that he never smoked. He has never used smokeless tobacco. He reports
that he does not drink alcohol or use drugs.
08/29/2018 Roth, Taylor M.D. UMC University Medical Center, Syncope,
Patient was unconscious for about 30 minutes. Cardiology team was present at
bedside immediately who agreed that this did not have the appearance of acute
ST elevation myocardial infarction.
10/28/2018 VA Medical Records,
"ST-Elevation Myocardial Infarction (STEMI) is a very serious type of
heart attack during which one of the heart's major arteries (one of the
arteries that supplies oxygen and nutrient-rich blood to the heart muscle) is
blocked. ST-segment elevation is an abnormality detected on the 12-lead
ECG" I have this ST abnormality in other ECGs that were not heart attacks.
Retrieved from: https://www.ecgmedicaltraining.com/what-is-a-stemi/
A silent heart attack is
possible with no pain, but they were trying to add pain, not a silent
heart-attack with no pain, when I told them there was no pain, as if I
described to them a stemi that could possibly be detected as nonexistent by
testing; an attempt to correlate a heart attack to the one in 2009 that was
with severe pain for a long period of time after lifting boxes:
"You can have a heart
attack and not even know it. ... They are described as "silent"
because when they occur, their symptoms lack the intensity of a classic heart
attack, such as extreme chest pain and pressure; stabbing pain in the arm,
neck, or jaw; sudden shortness of breath; sweating, and dizziness." https://www.goredforwomen.org/en/about-heart-disease-in-women/facts/silent-heart-attack-symptoms-risks It is called a silent
heart attack, or medically referred to as silent ischemia (lack of oxygen) to
the heart muscle.
"One of the most
significant findings of myocardial infarction is the presence of ST segment
elevation. ... It is not possible to diagnose a non-ST segment elevation
myocardial infarction by ECG alone. Patients are treated presumptively and
diagnosis is made if the level of serum cardiac markers rise over several hours."
https://www.webmd.com/heart-disease/guide/heart-disease-heart-attacks
"Blood tests can measure
the amount of these proteins in the bloodstream. Higher than normal levels of
these proteins suggest a heart attack. Commonly used blood tests include
troponin tests, CK or CK–MB tests, and serum myoglobin tests. Blood tests often
are repeated to check for changes over time." https://en.m.wikipedia.org/wiki/Myocardial_infarction_diagnosis
"Imaging tests such as
stress radionuclide myocardial perfusion imaging or stress echocardiography can
confirm a diagnosis when a person's history, physical exam, ECG and cardiac
biomarkers suggest the likelihood of a problem."
"Blood may be drawn to
measure levels of cardiac enzymes that indicate heart muscle damage. These
enzymes are normally found inside the cells of your heart and are needed for
their function. ... Detecting troponin in the blood may indicate a heart
attack." https://www.webmd.com/heart-disease/guide/heart-disease-heart-attacks
2001 VA Medical Records,
Abnormal T-wave, "The T wave is the most labile wave in the ECG. T wave
changes including low-amplitude T waves and abnormally inverted T waves may be
the result of many cardiac and non-cardiac conditions." Retrieved from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5544149/
For around 10 years, I have
been diagnosed with low lung volumes, diagnosed in many sections of my medical
records. "Mixed lung disease most commonly occurs in people with chronic
obstructive pulmonary disease (COPD), who also have congestive heart failure.
... Restrictive lung diseases cause a decreased lung capacity or volume, so a
person's breathing rate often increases to meet their oxygen demands."
"Types of diseases and conditions involved in extrinsic restrictive lung
disease can include: obesity." "Most people with restrictive lung
diseases have similar symptoms, including: shortness of breath, especially with
exertion, chronic or a long-term cough, usually dry, but sometimes accompanied
by white sputum or mucus, wheezing, fatigue or extreme exhaustion without a
logical reason, and depression." Retrieved: https://www.medicalnewstoday.com/articles/318905.php#symptoms
I was consulted by a Doctor
about increasing the iron in my blood and problems with choking from sleep
apnea.
"The most common cause of
anemia is low iron levels in the blood – iron-deficiency anemia. Without iron,
your red blood cells may become low in a protein called hemoglobin, which
carries oxygen from the lungs to the rest of the body. You essentially begin to
suffocate from within." Retrieved: www.everydayhealth.com
› anemia › anemia-basics
I have been diagnosed with
several Irregular heart conditions since 2001, not tied to syncope and syncope
not tied to heart conditions, but stress, standing for long periods of time,
and dehydration in 2018 and the one in 2019, "Defecation syncope: The
temporary loss of consciousness (syncope) upon defecating (having a bowel
movement). Syncope is the temporary loss of consciousness or, in plain English,
fainting. The situations that trigger this reaction are diverse and include
having blood drawn, straining while urinating (micturition syncope) or
defecating, coughing or swallowing. The reaction also can be due to the
emotional stress of fear or pain. Under these conditions, people often become
pale and feel nauseated, sweaty, and weak just before they lose consciousness.
Situational syncope is caused by a reflex of the involuntary nervous system
called the vasovagal reaction. The vasovagal reaction leads the heart to slow
down (bradycardia) and, at the same time, it leads the nerves to the blood
vessels in the legs to permit those vessels to dilate (widen). The result is
that the heart puts out less blood, the blood pressure drops, and what blood is
circulating tends to go into the legs rather than to the head. The brain is
then deprived of oxygen, and the fainting episode occurs." Retrieved from:
https://www.medicinenet.com/script/main/art.asp?articlekey=9312 The vasovagal reaction is also called a vasovagal attack.
And situational syncope is also called vasovagal syncope
Common causes of syncope
include:
Low blood pressure or dilated blood vessels.
Irregular heartbeat.
Abrupt changes in posture, such as standing up
too quickly, which can cause blood to pool in the feet or legs.
Standing for long periods of time.
Extreme pain.
Extreme stress.
Dehydration.
4. “Oppression”
means despicable conduct that subjects a person to cruel and unjust hardship
with conscious disregard of the rights of the person.
(Added to NRS by
1995, 2668)
12/12/2019
Emergency Department, Medical
Clinic Visit, Medical Facility or Institution Records Department, Organization,
Agency, Chief/HIMS
Letter of Disagreement, Amendment, and Additional Evidence
for Allegations
To whom it may concern,
This Statement, Background and history, and Evidence for
Health Information Management Request for Amendment of Protected Health
Information (PHI) / Amendment Request for Records / Request for Amendment of
Health Information is submitted for those purposes from a Medical Facility,
Institution, or Organization.
I request that all Request be administratively deleted from
the record if applicable and replaced with the correction. If an amendment is
made, instead of a permanent deletion from medical record if applicable, which
leaves the permanent scar in the record, which I believe was the intent, I
request this total document serve as my Letter
of Disagreement with such actions, and that this Letter of Disagreement
included in any future releases of documents requested.
Please notify and share the following Letter of Disagreement
and amendment, or the permanent administrative deletion from medical record if
applicable, agencies, doctors, health care providers, and insurance companies,
organizations that have relied on this information to review medical records,
make decisions, or make diagnosis about this ongoing pattern of misconduct:
Fee Basis, VA Administration, RM 1H 110, 6900 N. Pecos Road,
North Las Vegas, NV, 89086 {Note*****I talked to Mike, only person in Fee
Basis, so he says, 12/10/2019 he has received and scanned in the following
bills UMC, 32,264 Sunrise 7053.00 Radiology Spec 32.00 250.00 Desert Radiology
549.00 Tim has not received any ER Doctors Bill from UMC nor Sunrise Hospital,
and not the May 28-29 $20,000 bill Tim has paid $0} {Medicare Part A has on
file receiving Radiology Spec 32.00 250.00 twice and no other bills on file
submitted Medicare had Paid $0 Mike has no record of receiving my two certified
letters with 19 claims scanned into fee basis files under my name. Mike and
representatives at Medicare said I cannot submit or bring in medical bills,
they can only come from the medical vendor}
VA Southern Nevada Health Care Systems, Records Department,
6900 North Road, North Las Vegas, Nevada, 89068
Privacy Act Department, Department of Veterans Affairs,
Claims Intake Center, PO Box 4444, Janesville, WI 53547-4444
Nordian Healthcare Solutions, LLC, Medicare Claims office,
Policy #9UW9NK6MX54, PO Box 6776, Fargo ND 58108-6776
Doctor Larson, Ortro, Podiatry, and Foot, VA Southern Nevada
Health Care Systems, 6900 N. Pecos Road, North Las Vegas, NV, 89086
Doctor Lal, PAV Clinic, VA Southern Nevada Health Care
Systems, 6900 N. Pecos Road, North Las Vegas, NV, 89086
Doctor Asistores, VA Southern Nevada Health Care Systems,
6900 N. Pecos Road, North Las Vegas, NV, 89086
Private Medical Retrieval Center, PO Box 8890, Virginia
Beach, VA 23450
Nevada State Board of Medical Examiners, 6900 Gateway Drive,
Reno NV 89521
Social Security Administration, Central Processing Center,
1500 Woodlawn Dr. Baltimore, Maryland 21241
Social Security Administration, Southern Processing Center,
1200 Reverend Abraham Woods Jr. Boulevard, Birmingham, Alabama 35285
Nevada State Board of Nursing, 5011 Meadowood Mallway #300,
Reno NV 89502
Department of Veterans Affairs, VA Records Management Center,
4300 GoodFellow Blvd. Bldg. 104, St Louis, MO 63100
Board of Veterans Appeals, PO Box 27063, Washington D.C.
20038
This complaint does not include the medical documents listed
throughout this document, that are not included as a best copy in this document
writing; but they are available on CD-ROM or at Request of the Institution. If
requested, I will provide one paper Copy that can be copied for each claim by
institution and submit one copy as new evidence if an appeal is necessary.
Please, make the writing to the above address within 10 days of this
document.
For me the litmus test to allege that a mistake is
intentional with intent to cause an adverse effect on my disability reviews is,
can the mistake be linked to adversely affecting a disability law? A typo, or
repeat word, or a voice reader mistake does not meet the litmus test in my
opinion.
Some of these are
my Beliefs, Writings at Issue, Issue Stated, Legal Argument, Supporting
Documents, Block quotes, Writings, Best Copy; Any errors, misstatements, typos,
omissions are without malicious intent and I will correct if contacted; if I
agree they are mistakes. Rod Jackson.
I have
requested the following Medical Bills Paid in full within 30 days by VA or
Medicare Shared Portion. I request even though bills purged in my name, I
request VA or Medicare pay full claim with their normal adjustment. If Sunrise
won't accept billing, I request a check made out to me for the amount and I
will deliver that amount to Sunrise or subsidiary company for ER doctors or
Radiology readers, as not to affect my Credit Score or Continued Health Care
Emergency Services at these Medical Institutions, if necessary. Appeal dates
for Sunrise billing incorrectly to Medicare B, November 3, 2019 and November 7,
2019 (Document 306). I was told by Medicare that I did not have anything to
appeal, all claims were filed against Part B which I do not have.:
•
Claim 1 $33.24 PlusStar Collections, 6345 South Pecos Road,
Suite 212, Las Vegas, NV 89120. Plus4 $33.24 Document: 79, 81, 82
•
Claim 2 Payment Desert Radiology $153.00 Document 77, 78, 80
Desert Radiology, PO Box 3057, Indianapolist, IN 46206-3057 Desert Radiology
Solutions, PO Box 952591, Saint Louis, MO, 63195-2591
•
Claim 3 $32.00 2/16/2019 Beaty, Radiologist Specialist, LTD,
PO Box 50709, Henderson NV, 89016-0709
•
Claim 4 $30 X-ray 03/28/2019, Outpatient Stay $32 X-ray
2/16/1019 Document 37C, 37D, 56, 57, 37E, 37F, 74, 75, 76 Desrt Radiologist
Specialist, LTD, PO Box 50709, Henderson NV, 89016-0709
•
Claim 5 Payment Inpatient Stay $250 MRI Outpatient Stay
Owen, Radiologist Specialist, LTD, PO Box 50709, Henderson NV, 89016-0709
•
Claim 6 Payment Claim March 28, 2019 Outpatient Stay $7,
053.00 Documents: 37, 37B, 53, 54, 55, 56, 57, 58
Sunrise Hospital Billing Departments, 3186, Maryland
Parkway, Las Vegas, NV 89109. Sunrise Hospital PO Box 403399, Atlanta Ga,
30384. Sunrise Hospital Nashville. Sunrise Hospital, Po Box 740766, Cincinnati
OH 45274 (Document 1) same city as Fremont Emergency Services AKA
TeamHealth.com, PO Box 638972, Cincinnati OH 45263 (Documents 25, 22) All 4 of
my stays 2000 I visited Fremont Medical Centers 24 Hour Emergency Services on
Fremont Street, maybe connected, 2013, 2/16/2019 and 3/28/2019 ended up with
billing company with Doctors under Fremont Emergency Services as my occupation
is listed Disabled by Sunrise administrators and the medical records not
properly sent with billing, except Doctor for inpatient stay is part of
TeamHealth but billed by TeamHealth, and not Fremont Emergency Services and the
bill was not sent to Atlanta Office but to me and automatic purged from
Nashville office.
•
Claim 7 Payment Inpatient Stay $105, 988.00 Sunrise Hospital
2013, May 12 - May 21 Documents: 19, 20, 42, 46, 47, 48, 49, 50, 51, 64, 65,
69, 269 Prior Billed to Medicare, then to VA. Sunrise Hospital Fax 2013 Surgery
Medical Records "Attn: VA Medical Records for Rodney Jackson" to VA
Medical Records Dept. 6900 N. Pecos Rd. N. Las Vegas, NV 89086 9/3/2013
(Document 305).
Sunrise Hospital Billing Departments, 3186, Maryland
Parkway, Las Vegas, NV 89109. Sunrise Hospital PO Box 403399, Atlanta Ga,
30384. Sunrise Hospital Nashville. Sunrise Hospital, Po Box 740766, Cincinnati
OH 45274 (Document 1) same city as Fremont Emergency Services AKA
TeamHealth.com, PO Box 638972, Cincinnati OH 45263 (Documents 25, 22) All 4 of
my stays 2000 I visited Fremont Medical Centers 24 Hour Emergency Services on
Fremont Street, maybe connected, 2013, 2/16/2019 and 3/28/2019 ended up with
billing company with Doctors under Fremont Emergency Services as my occupation
is listed Disabled by Sunrise administrators and the medical records not
properly sent with billing, except Doctor for inpatient stay is part of
TeamHealth but billed by TeamHealth, and not Fremont Emergency Services and the
bill was not sent to Atlanta Office but to me and automatic purged from
Nashville office
•
Claim 8 Payment $20, 492.00 Inpatient Stay at Sunrise
Hospital, Cincinnati 3/28/2019 - 3/29/2019 Documents: 40, 41, 56, 57, 58, 59,
60, 61, 64, 65, 67, 70, 71, 72, 73
Sunrise Hospital Billing Departments, 3186, Maryland
Parkway, Las Vegas, NV 89109. Sunrise Hospital PO Box 403399, Atlanta Ga,
30384. Sunrise Hospital Nashville. Sunrise Hospital, Po Box 740766, Cincinnati
OH 45274 (Document 1) same city as Fremont Emergency Services AKA
TeamHealth.com, PO Box 638972, Cincinnati OH 45263 (Documents 25, 22) All 4 of
my stays 2000 I visited Fremont Medical Centers 24 Hour Emergency Services on
Fremont Street, maybe connected, 2013, 2/16/2019 and 3/28/2019 ended up with
billing company with Doctors under Fremont Emergency Services as my occupation
is listed Disabled by Sunrise administrators and the medical records not
properly sent with billing, except Doctor for inpatient stay is part of TeamHealth
but billed by TeamHealth, and not Fremont Emergency Services and the bill was
not sent to Atlanta Office but to me and automatic purged from Nashville
office.
•
Claim 9 Payment
Outpatient Stay $3, 899.00 2/16/2019 Sunrise Emergency Room, Cincinnati, OH,
Outpatient Visit, Documents: , 11, 12, 13, 14, 15, 16, 36, 65, 66, 68, 69
Denied by Las Vegas, Fee Basis, 6900 North Pecos Road, North Las Vegas, NV
89068
Sunrise Hospital Billing Departments, 3186, Maryland
Parkway, Las Vegas, NV 89109. Sunrise Hospital PO Box 403399, Atlanta Ga,
30384. Sunrise Hospital Nashville. Sunrise Hospital, Po Box 740766, Cincinnati
OH 45274 (Document 1) same city as Fremont Emergency Services AKA
TeamHealth.com, PO Box 638972, Cincinnati OH 45263 (Documents 25, 22) All 4 of my
stays 2000 I visited Fremont Medical Centers 24 Hour Emergency Services on
Fremont Street, maybe connected, 2013, 2/16/2019 and 3/28/2019 ended up with
billing company with Doctors under Fremont Emergency Services as my occupation
is listed Disabled by Sunrise administrators and the medical records not
properly sent with billing, except Doctor for inpatient stay is part of
TeamHealth but billed by TeamHealth, and not Fremont Emergency Services and the
bill was not sent to Atlanta Office but to me and automatic purged from
Nashville office.
•
Claim 10 Payment Outpatient Stay $927 and Outpatient Stay
$44, ER Medical Doctor Tang. Documents: 22, Outpatient, TeamHealth, Fremont
Emergency Services, PO Box 638972, Cincinnati, OH 45263
•
Claim 11 Payment Outpatient Stay $1428.00 and Outpatient
Stay $46 ER Doctor Walker. Documents: 18, 22, Outpatient TeamHealth, Fremont
Emergency Services, PO Box 638972, Cincinnati, OH 45263
•
Claim 12 Payment Arrastia MD $564.00 3/29/2019 and $564.00
3/28/2019 Documents: 44, 45 {Extremity Injury} Inpatient Stay TeamHealth,
Nevada Acute Medical, PO Box 639229, Cincinnati, OH 45263
•
Claim 13 Payment Arrastia MD $298.00 3/29/2019 and $564.00
3/28/2019 Documents: 44, 45 {Extremity Injury} Inpatient Stay TeamHealth,
Nevada Acute Medical, PO Box 639229, Cincinnati, OH 45263
•
Claim 14 $428.00 Sunrise Hospital, Bill after Adjustment
Sunrise
Hospital Billing Departments, 3186, Maryland Parkway, Las Vegas, NV 89109.
Sunrise Hospital PO Box 403399, Atlanta Ga, 30384. Sunrise Hospital Nashville.
Sunrise Hospital, Po Box 740766, Cincinnati OH 45274 (Document 1) same city as
Fremont Emergency Services AKA TeamHealth.com, PO Box 638972, Cincinnati OH
45263 (Documents 25, 22) All 4 of my stays 2000 I visited Fremont Medical
Centers 24 Hour Emergency Services on Fremont Street, maybe connected, 2013,
2/16/2019 and 3/28/2019 ended up with billing company with Doctors under
Fremont Emergency Services as my occupation is listed Disabled by Sunrise
administrators and the medical records not properly sent with billing, except
Doctor for inpatient stay is part of TeamHealth but billed by TeamHealth, and
not Fremont Emergency Services and the bill was not sent to Atlanta Office but
to me and automatic purged from Nashville office.
•
Claim 15 $34.13 Wong, Desert Radiology, PO Box 3057,
Indianapolis, IN 46206-3057 Desert Radiology Solutions, PO Box 952591, Saint
Louis, MO, 63195-2591
•
Claim 16, $132.07 Hubert, Desert Radiology, PO Box 3057,
Indianapolis, IN 46206-3057 Desert Radiology Solutions, PO Box 952591, Saint
Louis, MO, 63195-2591
•
Claim 17 $546.09 10/20/2019 - 10/22/2019 Pulner, Desert
Radiology, PO Box 3057, Indianapolis, IN 46206-3057 Desert Radiology Solutions,
PO Box 952591, Saint Louis, MO, 63195-2591
•
Claim 18 Payment ER Doctor Bill, EMP of Clark UMC, PO Box
18925 Belfast ME, 04915 $1700
•
Claim 19 Payment $32,119.71 10/20/2019 thru 10/22/2019
University Medical Center ER, UNLV, School of Medicine, Internal, 1800 W
Charleston BLVD, Las Vegas, NV 89102-2329
•
•
Priya
Sundaram, Do, Radiologist X-ray Reader March 1, 2019 at VA. No soft tissue
injury. (Document 34, 35, 37), in my opinion, is
inconsistent with findings by Sunrise Hospital Radiologist Readers and Pictures
of Foot before and after the reading by Sundaram. It is my belief that the last
X-ray at the VA ER, the person that read it, tried to disprove a lot of soft
tissue problems that I currently had, when MRIs generally read soft tissue
problems, and X-rays do not give good readings on soft tissue which his reading
went in great detail, maybe fudged though omission of fact about x-rays and
readings, saying no soft tissue injury. A true statement can be a lie with the
omission of facts. I took pictures of my feet problems.
3-28-2019
MRI Sunrise Hospital 3186 S. Maryland PKWY, Las Vegas NV, 89109 Focal swelling
and wound involving the distal second toe. Chronic bone erosion with bone loss
in the distal phalanx of the second toe. No acute erosion or bone marrow edema
to indicate acute osteomyelitis. Diffuse cellulitis with soft tissue edema in
both forefoot and hind foot. Diffuse muscular atrophy with fatty replacement
characteristic of chronic neuropathy. Chronic degenerative changes in the great
toe.
Forefoot
findings: There is a chronic appearing soft tissue wound in the distal tip of
the second toe with adjacent soft tissue edema and hyper enhancement. Chronic
degenerative changes in the interphalangeal and metatarsophalangeal joints of
the great toe.
Hind
foot findings: There is diffuse subcutaneous soft tissue edema in the hind
foot. There is plantar fasciitis with thickening of the central cord of the
plantar fascia and mild adjacent hyper intense edema. There is muscular atrophy
with fatty infiltration.
2-16-2019
X-ray Sunrise Hospital 3186 S. Maryland PKWY, Las Vegas NV, 89109 chronic
erosion of the second right toe distal phalanx with pencil tip appearance and
bony sclerosis. Chronic osteomyelitis and healed osteomyelitis are considered.
Moderate to severe degenerative changes of the great toe IP joint. Subacute to
chronic ununited intra-articular fracture at the medial base of the right great
toe proximal phalanx, best demonstrated on the AP view. Mild degenerative
changes of the first MTP joint. Mild to moderate productive changes at the
midfoot and hind foot. Regional soft tissue swelling, greatest about the second
toe.
3-28-2019
X-ray MRI Sunrise Hospital 3186 S. Maryland PKWY, Las Vegas NV, 89109
Comparison 2-16-2019 X-ray No visible acute abnormality. No change from prior
exam [X-ray is the same as prior exam]. Impression: Diffuse decreased joint
space at the interphangeal joint first digit. History: male right foot pain and
swelling.
Allegation 1. Doctor Asistores used the word
Service Connection Documents 90 (November 17, 2017 "THIS IS A SERVICE
CONNECTED VISIT: YES" [tooth dental and foot diabetes ) 93, 94, 95 (August
17, 2018 "THIS IS A SERVICE CONNECTED VISIT: no" after several
complaints I wrote and requested a change of Doctor) 91, 92 ( November 16, 2018
"THIS IS A SERVICE CONNECTED VISIT: YES" foot diabetes visit and she
found out she would continue to be my Doctor),
96, 97, 98, 99, 143) in my medical records as a secret code directing
other Doctors and Nurses to enter false statement, misdiagnosis, misdiagnosis
adverse to disability law, as many did. Doctor Toung was the first to do this
in 2014, a couple months after that statement maybe from the ER/or a specialty
visit, Doctor Sarazan was appointed my Primary Care Doctor where false adverse
statements to Disability Service Connection became a constant put in my records
when many Doctors and Nurses read this code. From Newspaper reports, Doctor
Sarazan has a history of overseeing misconduct at Las Vegas VA. Doctor
Asistores asserted this code again in 2017 for a Social Security Review, stopped
it, with a "no" Service Connection for my visit August 17, 2018,
correcting adverse statements, but with another derogatory statement, where the
lie about the conversation with me smoking was removed; that lie made by Doctor
Asistores to off-set my Service Connected dental injury specific and smoking
also adverse to several other diseases I have, CAD, Diabetes Mellitus, etc.,
also at appointment November 17, 2017 she imported a false statement,
misdiagnosis, misdiagnosis, "Diabetes with no Complications." (151,
152, 153, 154, 155, 156, 157, 158, 159) Asistores and Doctor Olcott, foot
specialist, imported this into 2017 records, during the beginning of a November
2017 Social Security Review (Documents 91, 92, 93, 94, 95, 96, 97, 98, 99,
143). After
I filed this 51 page complaint on ebenefits.va.gov to VA Central Processing for
Claims, Wisconsin, Doctor Asistores starting signing es/ as receiving documents
from other Nurses and Doctors in June, 2019 catching up those not signed by
anyone in nearly two months. The statement was from 2015
Shepard’s misdiagnosis of my foot injury and disease in the foot "Diabetes
Mellitus without Complications." Then Asistores reasserted the quote for a
foot injury November 17, 2017 and the statement Service Connected, and then the
statement again Service Connected, after stating I was not Service Connected on
August 16, 2018, on November 16, 2018 where three groups of Doctors and Nurses
followed her orders proceeding thru 2019. Supporting Documentary Evidence for
this claim and additional allegations can be found on annotated Pages: 6, 16,
181, 182, 183 While awaiting C & P exams March - June, Doctor Asistores
signature did not show up on any, or very few signed notes as if she was not my
Primary Care Doctor, 3/29/2019 ER Note from rewriting medication for Sunrise
Hospital thru April 26, 2019 Nurses Visit was not signed by Doctor Asistores
until 06/08/2019, 6/11/2019, respectively (Documents 201, 210). Along the same
time I filed complaint of not seeing any C & P doctors for the Dental or
Foot for good cause, and a complaint about Doctor Garcia and his Nurse acting
under false pretense as my Primary Care Doctor and Nurse, but I would see the
given list if they would approve them. (Document: 193 April 25, 2019 Doctor
Garcia's Nurse Triage, vs. Documents 202, 203, 204, 205, 206, 207, 208, 209,
210 April 25, 2019 VA ER Nurse, Documents: 194, 195, 196, 197, 198, 199, 200).
The C & P doctors were never approved that I requested to see, Doctor
Asistores and the network that she assembled was not a specialist in those
fields. It was all about stopping the foot and the dental Service Connection.
Document 524 Doctor
Asistores, my first appointment writes she and I had this conversation that I,
a life time non-smoker has been smoking for two weeks, two weeks is since the
last time noted in my medical records that I never smoked:
Colorectal cancer
screen.
Tobacco use
Screening: (*************NOTE: I AM A LIFETIME NONSMOKER).
“Patient had
tobacco use screening at this encounter and within the past 12 months, patient
states "I am a current tobacco user." The patient was counseled on
risks of tobacco use and benefits of discontinuing. Advised to stop using
tobacco products. Offered and discussed mediation options available. Offered
tobacco cessation classes, to assist the patient in quitting. Patient was given
brief counseling to; 1. Set a quit date within 2 weeks. 2. Get support from
family, friends, and co-workers. 3. Review past quit attempts - what helped,
what lead to relapse. 4. Anticipate challenges to quitting, particularly in the
first two weeks. 5. Identify reasons and benefits of quitting. Level of
understanding: Fair” When forced to change, she follows up this statement with
another statement on me smoking with a racial-gay slur calling me her. She
seemed angry at having to retract all of that.
•
Allegation
2. VA Doctor Lal signed Doctor Khaldly's false and
misdiagnosed medical notes from my
visit, January 29, 2019 (98, 99, 100, 101, 102, 103) when Medical Evidence
Testing (Documents 123, 124, 113, 118, 119, 120, 121, 122) and other Doctors'
Diagnosis and other Nurses Diagnosis showed significant difference (Documents
125, 109, 110, 111, 112, 114, 115, 116, 117, 126, 127, 128, 137) and digital
picture evidence of foot 2/16/2019 - 3/28/2019 annotated (Documents 129, 132,
131, 132, 133, 134, 135, 136, 140, 141).
showed different On December 16, 2018 with my first visit to her, Lal's
Nurse measured the foot ankle right as same as left, when clearly other Doctors
and Nurse were recording swelling in the right foot larger than the left. On my
first visit, Doctor Lal failed to order at minimum an X-ray for my chronic foot
infection for osteomyelitis, cellulitis, bone fractures, and other past
diagnosis, which later X-rays and MRI showed conditions of healed
osteomyelitis, cellulitis, and other soft tissue injury and diseases (138, 139)
to be treated as emergency. Such action at the VA, non-actions, and failure to
diagnose, caused under diagnosis of the foot by Doctor Lal (105), Doctor Khaldy
(98, 99, 100, 101, 102, 103), and VA Nurses () affecting billing and additional
treatment of the foot at the VA. This caused an Emergency to seek help from
Sunrise Hospital as it was closest Hospital of Treatment at onset of pain.
Supporting Documentary Evidence for this claim and additional allegations can
be found on annotated Pages: Documents 7, 101,
102, 103, 171, 181, 182, 183 Supporting Medical Documents Annotated and
Circled, mostly, 211 - 240
•
3/02/2017 Social Security BPQY Stating that my Social
Security Review would start around 10/17, November 2017 (Document 303).
•
4/05/2019 contact from Department of Veterans Affairs
stating they were working on my Service Connected Claim (304). Request for
Documents: (243, 244, 245, 246, 247)
•
Complaints filed with Medical Board of Nevada (Document 241)
Medical Documents on Outlook (258)
•
VA Director and Supervisors Complaint Page 1 of 64, Page 1
(Document 260)
•
Complaints filed with US Senators of Nevada (Document 242)
•
PDF Medical Documents Available on ebenefits.va.gov Sunrise,
VA, Health South, Industrial Medical Group, Clinica de Medica, Military, MOTH
AFB, Nellis ER, Virginia VA, and additional medical Websites and personal
medical writings (Documents 248 and 249)
•
Fremont and Fremont Billing, Work comp, similar to
Sunrise/Insurer Corruption 2000 and Sunrise/VA Corruption 2019 (Documents 261,
262, 263, 264, 265, 266, 267, 268, 269 and 274 - 282).
•
Allegation
3. Doctor James T. Walker Sunrise Hospital wrote false statement,
misdiagnosis, misdiagnosis, misdiagnosis, in medical record adverse to billing
and future release of proper medical records and proper diagnosis stating the
admittance for the wrong limb (Document 108), left instead of right during
outpatient admittance or certified the false diagnosis by signing the document
as true. (98, 99, 100, 101, 102, 103). I believe his actions, it seems he was
the author, of signature for the author, were malicious with intentions since
the medical bill from the visit was billed to me and not billed to any
insurance company properly, then sent straight to Sunrise collections and
disposed of; write off, without any collection attempts from third parties I
had listed phone numbers. Supporting Documentary Evidence for this claim and
additional allegations can be found on annotated Pages: Documents 7, 101, 102, 103, 18, 21, 22, 172, 181, 182, 183
Supporting Medical Documents Annotated and Circled, mostly, 211 - 240
•
Allegation
4. VA Doctor Khaldy wrote "0" pain when there was
pain, she ordered leg stockings extremely small, which was in question by
another nurse, attempting to reduce the actual girth measurements of swelling
causing injury to my foot, 4 inches in diameter (Document 170), and she wrote
my leg and foot measurements opposite to what limb they were measured for to go
into the medical record. She corrupted the medical records (98, 99, 100, 101,
102, 103, 104, and 171). I allege she did these things with malicious intent to
cause harm, as secondly she failed to change the leg misdiagnosis when alerted
in Progress Notes by a Nurse named Wendy, and a message that I left requesting
her to, and two other Doctors followed her failure to properly diagnose at
Sunrise Hospital writing the same false information in my medical records where
neither bill from the two visits were properly billed and/nor with proper
medical records attached because of these two Doctors writing false diagnosis
and symptoms for injury or disease which is another sign of malicious intent by
these four Doctors. Supporting Documentary Evidence for this claim and
additional allegations can be found on annotated Pages: Documents 7, 101, 102, 103, 172 in my medical history infection
generally meant some pain, 181, 182, 183 Supporting Medical Documents
Annotated and Circled, mostly, 211 - 240
•
Allegation
5. Doctor Tang Sunrise Hospital misdiagnosed my foot similarly to Doctor Khaldy wrote
"0" pain (Document 106) when there was pain (98, 99, 100, 101, 102,
103), and medical literature (Document 114, 115, 116, 117, 118, 119, 120, 121,
122) state there is pain associated with the kind of injuries or disease that I
had at that time, and a Nurse recorded pain 7 swelling (Document 109, 110,
111), another noted I walked in and left with crutch, and a next similar visit
on March 28, 2019 a Nurse noted pain 6, extremity injury priority 3 (Document
112, 122) and an X-ray noted similar to X-ray February 16, 2019 of regional
soft tissue swelling and severe degenerative change to the great toe IP joint,
degenerative changes in the mid and hind foot (Document 113), same pain same
injury (Document 161, 162, 163, 164, 165, 166, 167, 168, 169) and prior similar
infections and swellings records similar pain as Doctor Tang wrote
prescriptions for infection and the VA ER Emergency Dept. Advanced Provider
specialist filled the prescriptions (Document 142) as emergency visit, and
Doctor Tang wrote no pitting (Document 107) in the foot when pitting had
started in the right foot and the right leg before and after the visit on
2/16/2019, and apparently his actions caused the bill for that visit not to be
paid by fee basis, 6900 North Pecos Road, Las Vegas, Nevada 89098 when they
used their nurses and his misdiagnosed
instead of Sunrise Hospital Nurses as good cause not to pay the bill
from 2/16/2019. Supporting Documentary Evidence for this claim and additional
allegations can be found on annotated Pages: Documents
7, 101, 102, 103, 22, 107, in my medical history infection generally meant some
pain, 171, 173, 174, 175, 176, 177, 178, 179, 180, 181 August 16, 2018,
Asistores wrote "foot risk score level 3, high Risk" (Document 182)
the same as the Nurse on 2/16/2019, Asistores approved the visit on 2/16/2019
(Document 16), then Fee Basis denied payment as non-emergent according to Jack.
Examples of Non Emergent Outpatient: 270, 271. Supporting Medical
Documents Annotated and Circled, mostly, 211 - 240 Even though the X-ray showed past
chronic osteomyelitis and present pre-osteomyelitis symptoms that he gave me
anti-biotics to treat and they stopped the drainage, but not the cellulitis,
Tang writes "no pain." The
admission paper noted Doctor Asistores as my Doctor and I had not told anyone
who my Doctor was at the VA. VA Medical Documents noted Doctor Asistores and
her Nurse were in contact while I was under Doctor Michael Tang. It was for a planned
reason which I had already considered when I read his strange input. I said, I
bet his and his transcribers false statement, misdiagnosis, misdiagnosis were
to deny payment. In the end, it was just that.
These are the ER Doctors, Tang and Walker. In 2013 (Billing
Documents 29 and 30) the billing printout states that the Hospital Reports were
never sent which cause the account to go to collection, then I was contacted by
collection, ant the VA eventually paid it. When I was in the ER 2/16/2019 and the
lady confirmed my billing address to be my PO Box on 2/28/2019-3/29/2019, and
when I went to the ER Billing this week they have my updated address as PO Box,
but nowhere else in the system but a different address. When the overall
address changes at Sunrise it changes sending bills out to ER Doctors. I
updated my information at UMC took all of twenty minutes through the whole
system.
Team Health (702) 224 - 2555 2/28/2019-3/29/2019 702-304-2144
ER (Documents 21 and 22).
Fremont Emergency Services (702) 823-4255 Collection 800-984-1115
Recovery Group, 2
•
Allegation
6. Sunrise Hospital Billing Departments, 3186, Maryland Parkway, Las Vegas, NV
89109. Sunrise Hospital PO Box 403399, Atlanta Ga, 30384. Sunrise Hospital
Nashville. Sunrise Hospital, Po Box 740766, Cincinnati OH 45274 (Document 1)
same city as Fremont Emergency Services AKA TeamHealth.com, PO Box 638972,
Cincinnati OH 45263 (Documents 25, 22) All 4 of my stays 2000 I visited Fremont
Medical Centers 24 Hour Emergency Services on Fremont Street, maybe connected,
2013, 2/16/2019 and 3/28/2019 ended up with billing company with Doctors under
Fremont Emergency Services as my occupation is listed Disabled by Sunrise
administrators and the medical records not properly sent with billing, except
Doctor for inpatient stay is part of TeamHealth but billed by TeamHealth, and
not Fremont Emergency Services and the bill was not sent to Atlanta Office but
to me and automatic purged from Nashville office. Supporting Documentary Evidence for
this claim and additional allegations can be found on annotated Pages: 11, 14,
15, 17, 20, 23, 24, 25,
My 2000 work comp case and
billing department corruption when I tried to prosecute my employer White Cap
at the Industrial Insurance Agency (Document 300).
2001, I thought my employer had fired me
for the second time over the 1 year past out of work (Document 301, 302) when I
filed for Unemployment benefits and was denied saying that I was still employed
by White Cap on a leave of absence.
•
Allegation 7.
Even
though not much evidence, I do make Doctor Cohen part of this complaint; not
enough evidence of Malpractice acts or evidence of actions done to adversely
affect my claim, maybe. He was Supervisor during X-rays but did not actually
read the X-rays that I believe written summiting soft tissue injury to my right
foot, when there was, to adversely affect rating, disability, or review of foot
injury. He omitted evidence to make a statement that could adversely affect my
claim about my Doctor’s prescription that I reduced when I had pain thought
from the medications. Supporting Documentary Evidence for this claim and
additional allegations can be found on annotated Pages: medical notes from my
visit, January 29, 2019 (98, 99, 100, 101, 102, 103) when Medical Evidence
Testing (Documents 123, 124, 113, 118, 119, 120, 121, 122) and other Doctors'
Diagnosis and other Nurses Diagnosis showed significant difference (Documents
125, 109, 110, 111, 112, 114, 115, 116, 117, 126, 127, 128, 137) and digital
picture evidence of foot 2/16/2019 - 3/28/2019 annotated (Documents 129, 132,
131, 132, 133, 134, 135, 136, 140, 141). Supporting Medical Documents Annotated
and Circled, mostly, 211 - 240
•
Allegation
8. Sunrise Hospital Billing Department Assistant Director Sunrise Hospital
Jamie Brower-Hoffman was intentionally deceptive in billing and not billing my
medical visits correctly to the insurers. The last time I saw her, she acting
under false pretense updating my address, and never updated the 2/16/2019 and
3/28-March 29, 2019 billing account information nor my current address, that
would automatically update subsidiary billers for Doctors and Radiology
readers, but she handed me a document from 2013 updated by a Nurse two days
prior in the Children's admissions office. The two Doctors, Tang and Walker,
use a deceptive company called Fremont Billing that is a similar 2000 name of a
Medical Center that I visited in 2000, that worked with work comp medical and
insurers in Work Comp. Today the similar named company uses deceptive trade
business tactics in not billing the proper insurer, hiding its phone number and
address for locating Doctor Tang and Doctor Walker (Document 21, 22). They seem
to do things intentionally incorrectly in an attempt to run out the clock of
filing proper claims which I believe their goal was, and is, to stick the
insured person with the bill instead of the proper insurer paying the bill.
They were on the name of the Doctor from the 2013 Billing (document 19, 8) also
$105, 988 seemed to be showing unpaid until purged, written off, this August by
billing in Nashville Office. In Document Supporting Documentary Evidence for
this claim and additional allegations can be found on annotated Pages: 12, 13,
17, 18, 27, 28, 29, 30, 31
•
Allegation
9. Las Vegas Southern Nevada Veteran Health Care System Fee Basis 1H110. I
never received denial letters from Las Vegas Fee Basis, only confirmations from
billers that the VA denied payment. So, there has been intentional misconduct
to stop me from appealing any decisions by not sending me denial letters. Employee
named Jack and the VA Nurses made a false diagnosis at the VA that decided at
6900 North Pecos Road, North Las Vegas, Nevada 89086 that 2/16/2019 visit to
Sunrise Hospital was not an emergency. This was an Emergency visit with
evidence that prior similar visits were emergency visits, evidence that similar
Nurses and Doctors were acting in a malpractice manner of misdiagnosing my
injury and disease during, before, and after this decision at Fee Basis.
Example of non-emergency past outpatient visits are given, much lower than a
similar X-ray in the past lead to additional treatment of 6 weeks of zosyn and
other medications to heal, similar X-rays in the past that lead to additional
testing, that found osteomyelitis in the toe, and similar X-rays that have led
to MRIs that found serious emergent conditions to the foot that lead to an
impatient stay of more than a day under zosyn at Sunrise Hospital; and an
additional X-ray on March 28, 2019 that states that March 28, 2019 X-ray is
about the same condition as February 16, 2019 X-ray, which an MRI would have
shown emergency conditions, as I visited VA ER March 1 which showed emergent
condition of Cellulitis in toe; MRI (Document 9)showed infection in large part
of foot which was an emergency, but misdiagnosed and a false diagnosis given by
Doctor Tang which had to have caused the same from Nurses at Fee Basis.
Supporting Documentary Evidence for this claim and additional allegations can
be found on annotated Pages: 16, 36, 26, 27,
Past like-kind payments by
fee-basis, seems to be retaliatory for filing corruption complaints involving
Doctors and Nurses at Las Vegas VA, so I should have expectation as a Veteran
that Fee Basis will pay the same bills as in the past: Documents: 32, 33, 34,
35, 31, 83, 84, 85, 86, 87,
Like-kind past emergency visits that
did not medicate, anti-biotics, my osteomyelitis symptoms of drainage, swelling
and pulse which cuts off the oxygen to the bone, pain before bone infection
occurred, and too conservative care did not treat early warning symptoms in
time to stop bone infections and further treatment: Documents:
Past Medical Records Testimony from
Doctors and Nurses supporting the X-ray results 2/16/2019 and MRI and X-Ray
3/28/2019, injuries and diseases diagnosed, in the past have been emergency
care needed at the like-kind VA ER, so I should have expectation as a Veteran
that VA Fee Basis should pay the same bills as emergent; a preponderance of
Medical Evidence supports this, with my Primary Care Team and Doctors in
written documents state for me to report to the nearest Emergency Room. Sunrise
was the nearest. Documents:
All these representatives of the VA
said I should report to the Emergency Room if symptoms worsen or did not
stabilize, which I did under direction of the agents of the VA, so the VA
should take responsibility to pay bills, even if there is corrupt practices
going on in the proper billing of my claims, and for that reason alone should
without hesitance pay all claims. Veterans cannot get healthy under such
circumstances which causes conditions actually, maybe to worsen, awaiting
proper treatment and payment of such treatment: 144, 145, 146, 147, 148, 149,
). As of September 1, 2019 it was evident that Fee Basis and Sunrise Billing
had not billed properly, medical records, and evidence for the VA to pay Claim
from 2/16/2019 (Document 158) letter from Sunrise Nashville office.
Examples of
Non Emergent Outpatient: 270, 271
Misconception from New Doctors and Nurses that I have seen
short-term of what "breaking in a new shoe" means when I say
it and what does it have to do with foot ulcers. My long term Doctors
understand somewhat, but they have a lot of patients and probably I know more
than they remember each time that I visit. I can only wear a new shoe or old
regular shoe about three days straight before signs of blistering and ulcers
show up. Darco I can wear much longer when some but few may show up in a six
month period. Whether it is a new Doctor that orders me a new shoe to wear,
that fits properly, or it is an old shoe already broken in that fits properly,
the over-rotation of the feet causes ulcers; noted more when the back heal of
the Darco shoe that has worn down. After the ulcer, moisture accumulates under
and around the feet and toe areas while blisters expand and pulse, liquid, and
blood are pushed out of the feet and toes with pressure of normal walking in
the shoe. Infections add to swelling and expanded swelling of the foot and
ankle. I have collapsed arches which adds to the pain and the formation of
ulcers. The Darco relieves many of the problems but ulcers still may form
because of Diabetes Mellitus complications. Darco allows air so the moisture is
less. Darco helps with the over rotation of the foot, by the show rotating on a
pivotal arch itself. Darco does not allow any touching of the top toes to the
surface of a show. Darco allows adjustments straps when my feet do swell from
edema and infection to be adjusted to reduce pain and friction of the shoe
rubbing the foot tightly. The shoe has support pads that can be cut out to
relieve pressure points, as I was taught, of observed how this was done, and do
it myself, from visits to Excellent of Prosthetics on Shadow Lane through the
VA. In addition to this prosthetic, I use a crutch to relieve pressure off the
foot when they do get ulcers even with the Darco shoe at times, because of the
thinning of the skin tissue from edema, cellulitis and Diabetes Mellitus as I
was explained this by Vascular Surgeon Johnson on my Visit in 2019, stated,
"worse right than left" (Document 183). Doctor Johnson said my sugar
was too high to do non-life/death situation surgeries, heart attack or past
Stomach Surgeries that I have had, at the time of the visit 2019. Supporting
Documents: 114, 115, 116, 117, 118, 119, 120, 121, 122, 125, 126, 127, 128,
(Document 163, "Diabetic male with chronic right foot pain. Patient notes
about 6 - 7 years {2015}, that he had sustained a traumatic right foot
fracture. The patient has been wearing Darco Wound Care Shoes/size 15. Ordered
a right foot X-ray.), 166, 167, (Document 168, 169, BLE +3 edema to both (RLE
is pitting) 11/16/2018. Edema causes thinning of the skin. VA Medical Document
175 "what causes osteomyelitis?" Medical VA Document 180
"symptoms of cellulitis?" VA Medical Document 181, Pressure on foot,
weight 301 lbs. Mar 29, 2019, Document 220 My 10 year foot Doctor, 04/30/2014
Assessment Infected ulcer hallux, probable underlying osteo. Non-insulin
dependent diabetes with peripheral neuropathy. Plan: Mupirocin topically, MRI,
Darco offloading with crutches. Document 221, Doctor Lal's Nurse, Left calf
18.5 inches Right calf 19 inches. Document 222, Khaldy Plan: "treatment is
medically necessary to decrease pain" signed by Khaldy, Doctor of Physical
Therapy and signed by Pratibha Lal, certified wound specialist physician. But,
the Khaldy agreement wrote and signed, and Lal signed "0" pain before
any physical therapy treatment which is the Asistores Service Connected
agreement to prove no pain, no injury, no stasis dermatitis, no soft tissue
injury, no disease, no level 3, no Diabetes Mellitus complications, which would
all mean some pain or failure to diagnose symptoms and zero pain "0".
Document 280, Glucose 503, ER VA Virginia 1998. Document 272 11/10/2015 Release
from Surgery, Patient's Goal: I just want crutches because I feel steadier and
safer with them." The nurse had brought me a cane to walk with. I walked
out with two crutches, and I declined the cane.
Similar,
like kind, visit to Las Vegas VA ER treated as emergency to Sunrise Visits
2013, 2/16/2019, March 28 and 29, 2019: (Documents: Discharge Summaries from
Las Vegas VA ER: 186, 187, 188, 189, 190, 191 Summary from MOTH, Nellis AFB ER:
Document 192).
Nurse
Williams. My Primary Care New Doctor's Nurse who saw me in triage made similar
false statement, misdiagnosis, misdiagnosis as the Fee Basis nurses made, when
she prescribe X-rays and then said she never saw my foot and leg and that I
kept them covered in bandages when I showed her; the same Nurse at last check
never scanned in MRI, X-rays from Sunrise, nor Nurses notes from Sunrise that I
gave her; and the same Nurse said I needed no emergent follow-up, as she said
without looking at my foot and leg and failed to diagnose, when two Nurses at
the Las Vegas ER gave different testimony the next day in their Progress notes.
Cellulitis can spread throughout the body: (Document: 193 April 25, 2019 Doctor
Garcia's Nurse Triage, vs. Documents 202, 203, 204, 205, 206, 207, 208, 209,
210 April 25, 2019 VA ER Nurse, Documents: 194, 195, 196, 197, 198, 199, 200).
Supporting Medical Documents Annotated and Circled, mostly, 211 - 240
Documents
279 - 299 are VA Medical Doctors, Administrators, UNLV, admissions assessment
at ER VA Las Vegas, medical appointments that all have my address correct over
the dates and years prior that could contact me successfully and updated my
information successfully when Sunrise Hospital would not update successfully
over their entire system through the course of 2-16-2019 through August 2019
after repeated attempts by me'; and maybe not today, but on a need to correct
to send a letter basis.
Overview of Case 5
Documents are in Case 5 Folder
Overview of Case 5.
This case was about hidden agreements, that are readable if you understand the
code they are using, in the medical records as Doctors took part in fabricating
false statement, misdiagnosis, misdiagnosis to adversely affect my disability
ratings, compensation, present Service Connected Review, and maybe future
reviews if their false fabricated evidence is allowed to stand in my medical
records.
The date was
2/16/2019 and I had an emergency visit to Sunrise Hospital with a foot
infection that was in somewhat severe pain, swelling, and bleeding at the toe
where I have chronic osteomyelitis and cellulitis. According to the billing
statement the Emergency Visit was approved (Document 16) by the VA and they had
contact Doctor Asistores (Document 16) according to the billing statement.
Everything went normal until I got my medical records printout and I noticed
Doctor Tang had made false statement, misdiagnosis, misdiagnosis about pain,
swelling, and pitting which there was all of, but he pretty much described it
as none of. The nurse put pain level 7 and swelling. Others recording I entered
with a right crutch to relieve pressure off the swollen foot and I left with
the swollen foot; still in pain, but I already had pain medicine so I did not
request any. But, Doctor Tang prescribed anti-infection medication to help
stopped the bleeding and treat the infected toe and foot. I thought his
writings may have something to do with billing later and it did. 0 pain was
written so the Fee Basis Nurses could write the appointment was not an
emergency even though the Sunrise Hospital Nurses and the X-ray images say it
was. A common practice of Sunrise Hospital according to records is to send
Doctor Progress Notes without nurses notes and X-rays are neither required,
which is more than likely what happened in this case. But, as I looked at the
records and the billings months later, it was something better planned out than
just incident. This had to do with Doctor Khaldy and Doctor Lal from the VA and
Doctor Walker and Doctor Tang from Sunrise Hospital. This outpatient bill was
then billed to Medicare Part B which nowhere on the admittance say I have Part
B, Outpatient. I was told by Jack in February that VA would cover an outpatient
visit.
On January 28, 2019
there was an agreement made between Doctor Khaldy and Doctor Lal, which Lal was
already doing when she did not order an X-ray for my foot infection from my
visit to her December 2018. That agreement was to find nothing wrong with the
foot and if so fabricate false evidence to offset the condition, injury of the
foot. On that day, Khaldy wrote "0" pain in the foot and she did
measurements on the foot and leg, distorting the measurements by measuring the
girth while I was wearing compression wraps issued by Lal giving a false
reading of the true swelling of the leg and foot; but furtherer her acts into
malicious by switching the measurements around so the left leg read larger than
the left leg. Another Nurse noted this in her notes, but Khaldy would not
correct the measurements to read right. I left a message on the issue. She sent
me out a letter avoiding the issue to say that I did not have a phone so she
could not contact me; but she never willfully changed those girths to correct
them in the medical records which suggest they were intentional. Doctor Lal
signed this document Khaldy wrote as being medically correct; a second
signature to corruption into my medical records. Just like Doctor Gruel in 2014
wrote Service Connection, which a couple months later gave me Doctor Sarazan
and his group of Doctors, and 2017 Asistores's Service Connection gave me her
first group of Doctors and Nurses, and then August 17, 2018 Asistores wrote not
Service Connected, and then November 17, 2918 she wrote Service Connected again
giving me three different set of Doctors attacking me. Khaldy was the second
group of that, forming her own group, when on March 1, 2019 I requested Doctor
Asistores have no further contact with my Doctors corrupting my medical
records. Khaldy Agreement (Documents 7, 101, 102, 103). Sunrise Hospital Tang
followed her "0" pain in the foot and Doctor Walker followed her
switching the foot/leg injury around, so the left leg show injury and not the
right foot/leg which the medical records supported. The malicious part came when
their actions to corrupt the medical records also was followed by attempts to
destroy the billing for those injuries and x-rays so maybe they could not be
requested in the future by Social Security, VA, or other medical facilities.
They destroyed the evidence; exculpatory evidence.
. Looking at
the other five cases, Service Connection Veterans, at least in my case, are
targeted for being service connected by Doctors and Nurses, like they targeted
the Work Comp Case with Nurse Judy Rodriguez and the later Social Security
Disability case with Doctor C. Degracious, these are intentional acts to
corrupt a veterans medical record which could lead to false diagnosis or
misdiagnosis in future medical incidents, and have, on record. Social Security
Disability, the VA is as well in corrupting the medical record against the
Veteran to attempt to cause them adverse Social Security Disability Reviews as
Doctor Melody C. Degracious again did when she said a fork lift fell on my
head, instead of the actually fact that I fell 10' from a fork lift. Latter,
Nurse James, Nurse Guoin, Nurse Alejandro Delgado, Nurse Delgado, and Nurse
Williams all took same roles in corrupting my medical records with adverse
actions, fabricated evidence such as a cane and scooter, and fabricated testimony
like Nurse Alegandro stating in the prosthetic records that I had a bad
address, when there with multiply letters mailed to me before and at the same
time he said in prosthetic records to the other Doctors, Administrators, Nurses
my address was bad. He had communicated to Doctor Olcott about shoes she put on
order, that also put multiple false statement, misdiagnosis, misdiagnosis in my
medical records on two occasions, and those were 2014 and 2017 disability
reviews for Social Security. I do not recall seeing Doctor Olcott any other
time in my 19 years at Las Vegas VA, but just to write false statement,
misdiagnosis, misdiagnosis in my medical records during two disability reviews
instead of my normal foot doctor. She was number two in rank in the office and
went overboard as stated in the medical notes to overbook if necessary to
schedule me to see her, when my 10 year Doctor walked in during the
appointment, so she could have booked the visit to him. So, the Nurses were
acting under the guidance of Doctors to destroy and corrupt my medical records
for an adverse disability reviews, denied compensation, denied necessary
treatment and testing, low rating on injury, and/or denial of bill pay. The VA
nurses decided 2/16/2019 visit was not an emergency. The Sunrise Hospital
Nurses thought it was an emergency.
This was all
confusing at first as I was given so much wrong information. / But, with enough
information, I think I got this now close. Sunrise Hospital has a couple
billing departments. The Billing Department in Atlanta seems to be the first
contact billing department. Sunrise in Nashville Tennessee seems to work as a
collection agency, which purges or collects outstanding bills.
The 2/16/2019 bill
was as the bill says sent out to me on 2/20/2019. It appears after the x-ray
showed soft tissue damage which contradicts what VA x-ray showed no soft tissue
damage, the bill and medical records were never going to be paid by the VA. So,
after they sent my bill to the wrong address, then they contacted VA when I talked
to Sharon at a later date. When they received the fax by Sharon, VA denied the
visit as non-emergency according to Jack.
The 2/28/2019
outpatient bill was sent to Atlanta where normal billing procedures take place,
but they billed Medicare B instead of billing VA for an outpatient billing.
While, UMC radiology, and an old Sunrise Hospital 2013 Doctor Billing billed
the VA and were paid; radiology billed Medicare part B which nowhere says I
have that instead of the VA, and the Doctor Billing say they did not have any
billing information for an insurer; but Sunrise has Medicare Part A on the
patient billing information statement for 2/28/2019 and the VA Fee Basis and
Medicare A for 2/16/2019 outpatient visit. The inpatient visit March 28, 2019
through time March 29, 2018 which is billed by the Doctor A as a two day stay
after more than an half hour over the
twenty-four hour period which it was. This billing went straight to straight to
Nashville and was written off in my name; not billed to any insurer. It had the
MRI and the second X-ray saying not much change from the 2/16/2019 x-ray
showing soft tissue injury but catching the X-ray from VA, similar to that one
in 2017, saying no soft tissue injury when there was clearly soft-tissue injury
before and after that x-ray which means, could mean, X-rays at the VA are being
under read failing to correctly diagnose severity of injury of me. So the
effort came about to destroy the billing and to destroy the medical documents:
The Agreement. After, Director of Billing gave me a lot of information from
Nashville, Nashville sent me a letter that the $20,000 inpatient stay had been
paid. But, the assistant director notes showed it billed to Medicare Part B,
which they know I do not have, but Part A which I surely have and just got the
new card, they did not bill for the impatient stay. It was accepted more than
likely and they take a couple months to decide acceptance or denial, so it will
be denied of course. They are stalling for time to run out the clock on submitting
bills properly.
So this was a
second agreement. But, there is a third agreement involved. This is with
Fremont Billing (Documents 7, 8, 262, 263, 264, 265, 88, 89, and 90). In 2000,
Fremont was a work comp billing company actually located on Fremont Street as I
still have the business card when the insurance Company RSYCO ran the scam then
of not paying bills and billing to wrong insurers. Today Doctor Tang and Doctor
Walker are represented by Fremont Billing (Document 21, 22, 23, 24, 25, 88, 89,
90, 260, 261, 262, 263, 264, 265, 266, 267, 268) which seem to tweak their name
a little and moved to Cincinnati Ohio which was where Sunrise billed me from on
2/20/2019 a few days after my visit.
Assistant Director
of Patient Billing Customer Service when she began to lie and make changes in
the system that the other people said they had no excess to do. I called
Sunrise Billing Office in Atlanta, Pricing Hotline, 1-800-307-7595 Atlanta
Patient Account Services, 5707 Peachtree Parkway NW Norcross, Georgia 30092. I
found their office to be corrupt. First they took all my new information,
address, phone, and insurer, VA as primary and said they would bill the VA Las
Vegas Fee Basis. I called back and the information had been changed on one
account and not on the other 3 bills. The lady said the notes had not billed VA
Fee Basis. But, she said she would do so. I call back to make sure my
information was updated on the accounts. The lady would not give me my new
address. I had to tell her and I could hear her typing it in but she told me it
was already correct and the VA had been billed.
Radiologist
Specialist, Henderson NV I talked to Joapel in Billing and he told me that he
changed my address and would bill the unpaid bill from 2/16 and 3/28 and 3/29
to the VA, and email me the bill shortly. I called back and talked to a young
lady because he never emailed me the bill, and she read the notes on my account
and my address was changed back to the old one and no one was billed. So, she
said she would email me the bills that I received shortly. She said she would
bill VA.
I spoke to Desert
Radiology and I had six bills. 5 had been paid. One had been put on my credit
report, the first time I noticed it was June 2019. I talked to the lady in
billing and the collection company. They were both helpful. I
requested she rebill the bill around August 7, 2019. I think she said she
resubmitted it and the VA, Las Vegas Fee Basis, denied it saying they could not
confirm that I was in their system. They did not know me. I asked her how they
knew me on the other five years. She said she had two numbers for my identity,
one was my social security that paid the other five bills and this odd number
on this one account. I agreed, they gave me copies of the bill, that I would
submit the bill myself.
Assistant Director
of Patient Billing Customer Service was good with the computer and the second
time I talked to her she was on a laptop in children admissions front counter
supervisor the attendant on another computer. All of the other person each
expressed they had limited abilities to access information of mine on Sunrise
Hospital Computers; even in the ER this information is denied.
Around August
7th, I started investigating medical payment information after
noting a bill placed on my credit repot in June, 2019. Billing Customer Service
Represented 1 at Sunrise Billing was the first person that I was directed to. I
asked her, if I could speak to Sharon about the faxed bills and medical records
to the VA. She told me that her office was closed and that she was no longer
there. I requested that she give me a printout of my bills to see what was
paid. She could only pull up the 2013 bill and the March 28 and 29th bill.
I asked her about the other bills. She said nothing else was available that she
could pull up. One bill, stomach surgery, said that I had a balance of
$105.988.00 with no payments, no adjustments, and no reference to it being
purged. (Billing Document 20). The other bill was or the March 28 and 29
payment, $20,492.00, with no payments and $20,492.00 adjustment showing no
insurer payment adjustments. (Billing Documents 2 and 3) Assistant Director of
Patient Billing Customer Service first comment on the bill was that it looked
like it had been written off. So in my opinion, any future care would be denied
at Sunrise by billing because I had one bill outstanding with zero payments for
6 years and another showing no insurer that had been written off. Bad credit in
my book. Kind of like what was put on my credit report that I noticed in June,
from PlusFour, all these were contract partners with the VA.
Billing
Customer Service Represented 1, whom did not have the answers to the questions
that I needed to know, but she did direct me to someone who may have had he
answers, Assistant Director of Patient Billing Customer Service. Assistant
Director of Patient Billing Customer Service first impression was to approach
me as I was not very educated, but after talking for a while, she said she
would have an auditor look at my case, which was on a Friday, and the auditor
had not contacted me by mid-day Monday. It was merely chance that Assistant
Director of Patient Billing Customer Service saw each other Monday as I used
the bathroom by the admissions office and she recognized me and spoke on the
issue as I did not recognize her. She was down dressed from Friday. I asked her
to give me a printout Friday of my bills payed. She did. None were billed to any
insurer. And they all had under $1000 dollar amounts billed to me. But, I got
home and noticed she did not give me a paid bill on the $105.988.00. I
requested that bill. She went into a backroom and came out showing the bill
with $0 balance saying that it appeared that someone had written it off. I
thought and then I came back and told her that the bill showed I owed
$105.988.00 last week when Billing Customer Service Representative 1l gave me a
printout. She said she did not know about that. I told her that I had a
printout. She told me that she sent the March 28 and 29 payment to fee basis.
By chance, as I just left the Hospital grounds, I was able to call Fee Basis
and get through. I talk to a person named Jack that I knew from before handing
bills to. He said the 2/16/2019 bill was faxed over and denied because VA nurse
said the bill was not an emergency. That meant the Sunrise Nurses report that
said it was emergency was not sent and what I had said about Doctor Michael
Tang and a transcriber put that the foot had no pain and had no swelling was
done for a purpose, even though the X-ray showed past chronic osteomyelitis,
and pre-osteomyelitis symptoms that I
was given antibiotics to treat; the nurse noted swelling and pain level at 7,
and all the other nurses over the last couple months noted cellulitis and edema
in the foot and swell, Doctor Tang at his final notes put no pain and no
swelling. I walked in on a crutch with the foot leaking blood and osteomyelitis
drainage. The admission paper noted Doctor Asistores as my Doctor (Michael
Collins packet of Documents number 10) and I had not told anyone who my Doctor
was at the VA. VA Medical Documents noted Doctor Asistores and her Nurse were
in contact while I was under Doctor Michael Tang. It was for a planned reason
which I had already considered when I read his strange input. I said, I bet his
and his transcribers false statement, misdiagnosis, misdiagnosis were to deny
payment. In the end, it was just that.
By now, I figured out that Assistant Director of Patient
Billing Customer Service, Nashville, and Atlanta Offices had access to the
backend at letting people see what and when. I returned the day after I left
the voice mail to Assistant Director of Patient Billing Customer Service. I was
late and the office had closed and directed me to the Children admissions
office. I requested the attendant give me a printout of a document that I had
that showed my personal information and insurer. Someone had blocked access to
all my payments except the $105.988.00 assumingly the same unpaid bill. The
attendant updated all the information fine, (Document 27): Patient Information
address, next of kin, person to notify, guarantor, patient employer, occurrence
codes, Insurance Information Primary VA21, Secondary Insurer, Physician
Information, and Documentation. But, Children admissions office could not
access any other in/out patient admissions records. This one six years old,
still up as none paid, but the one partially paid or written off not available
to update and bill the proper insurers. Instead, billing me writing it all off
as bad credit. The HCS code on the page is not Sunrise Hospital, HCS 7943 and
HCS: 0081 where the two other bills have the right Sunrise HCS Codes 9999 and
HCS 9715. (Document 17, 18, 19, 27, 28, 29).
So, the next day, I decided to go to records and get the
printout of the in/out patient admissions records and saw that there was
coordination to stick me with the bill after the 2/16/2019. Patient Information
is mostly incorrect: address, next o kin, person to notify, guarantor, patient
employer, occurrence codes, Insurance Information Primary VA21 was not there,
Secondary Insurer that only covers inpatient visits was put as my primary, Then
Sunrise billed them for only an outpatient visit, reducing the bill and not
sending notes of the inpatient stay in ICU nor MRI; making $13,000 worth of
treatment just disappear as a write-off or for that matter, maybe the entire
$20,000 written off by Nashville. But, then billing $7000 dollars, or $20,000 of
that write-off as only an outpatient stay to the insurer that only pays
inpatient stays, Medicare Part B. They never billed the VA any part of the bill
nor does the Insurer, Medicare A, that pay inpatient stays. I have a Doctor’s
appointment November 2, 2019 and I am still receiving medication; so I am a
patient and should be covered as a Veteran. Fee Basis has not said I was not
covered. This is someone doing someone a favor, maybe insurance billing fraud,
at a high level under Assistant Director of Patient Billing Customer Service
Assistant. Later, that day, I visited the ER at Sunrise and spoke with the same
young lady that I saw before that checks insurance. She no longer had he VA as
an Insurer, and I asked her to update what she had. She tried and said only the
people with backend access could change insurers. That would be Assistant
Director of Patient Billing Customer Service.
On 8/22/2019, I received a bill from Sunrise, Nashville, TN
office that March 28 and 29 payment had a $0.00 balance. Yes, I knew that
Billing Customer Service Representative 1, Billing Customer Service, showed me
that it had been written off in my name. But, I think this is insurance fraud
maybe by someone not billing my insurers proper and sticking my credit with the
bill; which may show up a couple years later on my credit report (Billing
document page 41).
I decided to stop by Billing Customer Service at Sunrise on
Friday, one last time, before sending Mr. Collins a Response to see what had
changed since the voice mail left with the Assistant Director of Customer
Service.
I went into the office and she, Assistant Director of
Customer Service, was walking through about at the same time and said she had
some more information for me. She said she only had this position for about three
weeks moving from Florida which explains some of the things she was unfamiliar
with and had no prior involvement in what some individuals in charge before her
arrival were already doing. But, they seemed to have her certain protocol
dealing with my account consistent with the motive listed below about the
network of individual’s associated or contracted out with the VA. She showed me
a worksheet that she had been investigating my account, or had someone else
relaying her answers to her (Billing Document #42, #45, #46). She showed me
another printout that said she had been working with the VA since 8/19/2019 on
the account from 2/16/2019 and 03/28/2019 (Billing Document 45). 3/28/2019 had
been reduced more than the previous printout on the same bill to $578.57. But
from what she said, she was not billing the whole bill, but two bills similar
to what they were billing me.
The 5/28/2019 and 05/28/2019 bill still had a zero balance.
The Inpatient bill, ICU and MRI, just disappears (Billing Document 46) and the
outpatient bill still only exist billed to the VA ((Billing Document 45). There
was no attempt to rebill any part (Billing Document 45 and 46) to my insurer
that covers inpatient stays. She said Sunrise does not consider my impatient
stay, impatient stay. But, they do not bill it as an outpatient visit either.
It has that MRI and ICU stay which proves severity of injury. She also states
that the $105, 988 from 2013 was billed the same to my second insurer as an
outpatient stay. I stayed in their for about 12 days and thought at the
beginning that I was going to die with this stomach surgery things were so bad.
I will resend the VA, and request that they pay this bill so it will not affect
my credit. They can't have their nurses say this was not an emergency. The
printout have Nashville West as the biller; probably, the same people who sent
me the paid bill with a $0 Balance from Nashville for now. But, I was told the
2013 bill was paid to have it show up six years later with no write downs and
no payoffs as still owed on the Sunrise Computer Screen (Billing Document #20).
I noticed it said on Document 42 that, "No bill has been
sent to you." Well, I did get that paid bill on August 22, 2019 who had my
right address. I requested she update my information on this account on the
computer. She acted reluctant by first saying she could not pull it and she did
not have access. She requested me give her the information and she would have
someone do it. I said I would come back next week to see the person that was
out, one person was out today, and she asked me to wait a minute. She left and
came back and was able to pull up the account. The address and insurers
information had not been updated that I gave to the lady in children admissions
office. Assistant Director of Customer Service said that the information
updated across all systems after 24 hours. I told her that a person in the
Atlanta billing told me that each account had to be individually changed
manually. I handed her the sheet (Collins Document 8) that I had updated for
the account to put in all correct information. I asked her why the HCS number
was different on this one bill. She said the HCS depends on the hospital that I
attended. I told her that I only been to this one Hospital for these three
bills. Then she said the HCS depends on the section, like radiology, ER, ICU
that I was in. But, she did change it to what the other two had. Assistant
Director of Customer Service, was hesitant to change the VA as my Primary
Insurance, stating that she had to get approval that they were my insurer. I
told her I had a Doctor appointment November and receiving meds so they were.
She said a few other reasons why not to put them on the 3/28/2019 and 3/29/2019
account. I pointed out Document 42 that she said that she had billed them
08/19/2019 and working with them, so they would have to be my insurer. She them
put them as the primary insurer and gave me a printout (Billing Document).
After I left, while putting this information in the computer. Assistant
Director of Customer Service had given me a copy of the 2013 visit updated as 03/28/2019
and 03/29/2019 update. She pulled a switch a-rooo. I probable want go see her
again over this issue. The Document (Collins Document number 17) is dated today
08/21/2019 at 1023 AM. I guess in law, I would say now I know what her intent
has been.
Assistant Director of Customer Service (Billing Document
#42)
I went into the Hospital on a Sunday
afternoon. I received the treatment and testing for what I went in for, pain in
the bone, from the lower right extremity swollen right leg into the right knee.
The same problem that started about six months ago when I went to the Triage
Nurses at the Southwest Clinic and Nurse Williams ordered an X-ray on both VA
Hospital April 26, 2019 as the pain had now worsen where I had to walk off and
on with a crutch for the last week to relieve weight and pressure from the leg.
The cellulitis redness had come back but differently on the side of the right
leg, not so much the shocks going through my leg and smoothness, the outer
parts of the patch of cellulitis had risen and became more rough and puffy in
skin texture. The Doctors ordered an X-ray of leg bone lower extremity, and an
ultrasound of the leg to rule out blood clot causing the swelling. I requested
an MRI to rule out bone infection. The Doctor explained that there could be a
couple hundred bone infection or infections around the bone causing pain. I had
been admitted as an Inpatient for the most part. I was given two doses of
medicine, after leaving the ICU, 12 AM and 6 AM, by the nurses.
I was awoke when the nurse started
the new medication going in the vein at 6 AM. I went back to sleep and woke up
in an hour or so and saw that the medication had been disconnected with the
bottom of the bag with much medication left. I now had a new nurse and brought
it to her attention and she hooked the medication back up to my arm IV and let
it finish. Later, I put it together, and more than likely Doctor Khan had
ordered it stopped because it was treating my leg. Doctor Khan, a case worker
assigned named Sharon had been in contact with the VA and had set up a scheme
for billing purposes not to charge Medicare and make the Visit a Service
Connected foot evaluation, instead of leg. Sharon talked to me about Medicare
did not cover foot wound and cellulitis, and I told her I was not there for my
foot, as I wrote on the paper, I was there for bone pain in the leg bone,
possible bone infection around or inside the marrow, up to the knee. All
previous testing had centered on this over my stay so far. So Doctor Khan,
Sharon, and the VA set out to change the diagnosis visit to a foot visit.
Sharon brought in the sheet below stating the treatment would be observatory
with testing for the foot. I again told her that I was not here for the foot.
Then two nurses came in and tried to X-ray the foot with a bedside X-ray and I
declined. On the billing side Sharon had a Medicare lady come in and tried to
get me to sign papers that I understood treatment, but I had not taken MRI leg,
so I refused to sign them until the next day after the leg MRI. Sharon brought
me the papers and she said I did not have to sign them which I did not, and
after the X-ray attempt, another lady came in and said she called the VA and
they were not covering it; outpatient stay which the Medicare lady said I was
inpatient, until Sharon brought her documents to switch it over for the MRI to
be outpatient for the foot when it was inpatient for the leg, which was covered
by Medicare as inpatient. Later, they had an older gentlemen, Doctor, attempt
to treat the foot again by bringing me shoes, which I tried before and
considered them a cheap version of Darco Shoe which fell apart when insert
sections removed, and became to flimsy to support my weight in about two weeks.
I returned them to the Prosthetics place that I had got them from. So, I turned
down any services from this Doctor because I knew I was not there to treat my
feet; and they had no reason to observe my feet without treating my feet which
they could have call a wound care person as the right foot bleed all over the
end of the bed while I was sleep and one of the Resident Doctor noticed the
foot redness underneath. I had no feeling and did not notice it. The skin came
off the foot and the Nurse treated the foot with scissors, medication and
wrapped it. Both of my nurses wrapped my feet when Doctor Khan saw problems
with the feet but never wanted treatment, wound care. The MRI is for
emergencies only and was for the leg and knee which were my initial inpatient
stay, but Doctor Khan working with Sharon, the others, and VA did not want an
MRI for my bone pain problems. So, Doctor Khan ordered my MRI for my foot and
lower leg, instead of leg and knee where the severe pain had been increasing
for six months. I showed the MRI person my MRI of my foot from Sunrise just months ago for six thousand dollars and
requested he change the order because I had to pay for some of this and was not
willing to pay for an MRI having just taken one of the foot. So, he shifted to
where I identified the pain had been over the last six months and he had to do
two shots because my leg was so long to the knee. But, from the MRI, he got the
correct part of the knee as it identified the problem. It also look at the
marrow for an bone infection that could have been around or in the bone, out of
the two hundred I guess mentioned. \
He explained that with contrast put
in a person’s body highlights infection if there was one. But, I did not have
the feeling of warmth in my blood stream as when I took the MRI at Sunrise. I
asked him why. He explained that he did not use the full recommended contrast,
which was 30 units for me, and he only used 15. The medication had actually
taken much of the swollenness out of my leg and reduced the bone pain in the
leg, but not so much in the knee as the MRI show; and maybe the MRI leg showed,
but it did not use full contrast, so some infection may have been there but not
highlighted. But, the severe pain in the leg did not exist as much after three
bags of anti-biotics.
But, still the top part of the ankle
was mentioned in the report to maybe still try to connect the MRI to being a
foot MRI which it was really not, but maybe grasped the bottom leg where the
ankle attached.
They wanted to disprove the foot
injury; why there was no wound care person called in three days. But, Khan
could not comment as she was a part of my last visit there when they pulled
something suspicious about I had a heart attack, when I had a head injury. It
was rigged to mimic my heart attack of 2009 so Khan could do the work to
disprove by ordering test that I did not need; at least not for the head injury
that they again switched for a Service Connected issue CAD. The heart attack I
had in Virginia came while lifting boxes with a lot of pain for hours. The one
they staged, I had no pain, but a Doctor wrote a suspicious sentence that could
seem I had pain to get me in the door; then another Doctor at UMC wrote a
suspicious misdiagnosis that I had heart surgery in the past to qualify Khan to
do certain test that I probable showed no signs of needing.
I had two roommates. On my third
day, the second was moved out while I was sleep. I was awoken by this large
black gentlemen screaming of a tooth ache talking about the nurses lied to him.
He pulled my curtain back so he could watch me differently from my other two,
which we kept the dividing curtain closed. He then ate a full breakfast and
talked on the phone for an hour or so, which did not seem to be the symptoms of
three severe teeth that swollen so large that he was going to need surgery to
extract them. He was not on any anti-biotics to reduce the swelling. He tried
to have a couple conversation with me before I left about 2 hours into his
stay. Other than the foot, the tooth, was the second major Service Connection
they, the VA wanted to disprove.
When Khan came in the second day,
she dismissed my leg pain as neuropathy. The third day, she switched all
doctors on the team from my last two days, and switched my Nurse, whom I saw,
when I requested AMA forms, leaving without doctors permission forms,
"Against Medical Advice." After this new roommate, service
connection, and the attempt they tried to turn my visit into a foot visit on
the second day, and the three billing people deception actions time with each
other to not bill Medicare, and not bill the VA, as the balance of the bill was
made out for a couple hundred dollars which I presumed they billed me.
Research
Articles on issue:
Under the Veterans Claims Assistance Act (VCAA), when VA
receives a complete or substantially complete application for benefits, it must
notify the claimant of the information and evidence not of record that is
necessary to substantiate the claim, including apprising him of the information
and evidence VA will obtain versus the information and evidence he is expected
to provide. 38 C.F.R. § 3.159 (2015). Retrieved
from: https://www.va.gov/vetapp07/files1/0700871.txt
The Veterans Claims Assistance Act of 2000 (VCAA) and
implementing regulations impose obligations on VA to provide claimants with
notice and assistance. 38 U.S.C.A. §§ 5102, 5103, 5103A, 5107 (West
2014); 38 C.F.R. Retrieved from: https://www.va.gov/vetapp15/Files4/1529414.txt
The Board notes that under Johnson v. McDonald, 762 F.3d 1362 (Fed. Cir. 2014), a Veteran may be awarded an extra scheduler rating based upon the combined effect of multiple conditions in an exceptional circumstance where the evaluation of the individual conditions fails to capture all the service-connected disabilities experienced. Retrieved from: https://casetext.com/case/johnson-v-mcdonald-3
The Board notes that under Johnson v. McDonald, 762 F.3d 1362 (Fed. Cir. 2014), a Veteran may be awarded an extra scheduler rating based upon the combined effect of multiple conditions in an exceptional circumstance where the evaluation of the individual conditions fails to capture all the service-connected disabilities experienced. Retrieved from: https://casetext.com/case/johnson-v-mcdonald-3
See 38 C.F.R. § 19.9 (2015). VA has a duty to make
reasonable efforts to assist a claimant in obtaining evidence necessary to
substantiate the claims for the benefits sought, unless no reasonable
possibility exists that such assistance would aid in substantiating the
claims. 38 U.S.C.A. § 5103A (a) (West 2014); 38 C.F.R. § 3.159(c), (d)
(2015). Retrieved from: /WST.aspx
My last X-ray at the VA, the person that read it, tried to
disprove a lot of soft tissue problems that I currently had, when MRIs
generally read soft tissue problems, and X-rays do not give good readings on
soft tissue which his reading went in great detail, maybe fudged though
omission of fact about x-rays and readings, saying no soft tissue injury. A
true statement can be a lie with the omission of facts. I took pictures of my
feet problems. On the same visit, it took several hours, I nodded off, the
blood work Nurse came in, I gave her my arm, closed my eyes back, and when she
finished and had left, I looked on the table and a vial of my blood still lay
there. I thought that strange. I nodded back off, and woke up when a Doctor
told me I had Cellulitis in my toe and the blood vial was gone. There was a lot
lies, fabricated false statement, misdiagnosis, misdiagnosis, planted
fabricated false evidence, in my medical records. I always wondered about that
missing blood vial; or at least the blood vial the Nurse missed. If Jesus rose
from the dead with his foot problems; then I would be okay too. Try walking in
my shoes. The MRI and my 15 years of radiology, X-rays and MRIs and Doctor
Diagnosis say something much different; more consistent with my feet injuries
in the military. His X-ray much like the filament test was to prove the lie
"Diabetes Mellitus with No Complications."
They try to narrow the "Diabetes Mellitus Without
Complication" only to the foot; which the statement to be true would also
include my full Diabetes Mellitus problems in my 25 year medical records in the
military and Veterans Hospital; the foot is one primary Nexus to Service
Connection injury and/or disease but I have many Complications from Diabetes
Mellitus as some actual Complication of Diabetes (Mellitus) are listed on the American Diabetes Association Website,
such as:
Skin Complications
Eye Complications
Neuropathy, Foot Complications
Heart Disease, MI Complications
High Blood Pressure, Hypertension Complications
Mental Health Complications
Kidney Conditions Complications
Gastro Complications
For me the litmus test to allege that a mistake is intentional with intent to cause an adverse effect on my disability reviews is, can the mistake be linked to adversely affecting a disability law? A typo, or repeat word, or a voice reader mistake does not meet the litmus test in my opinion.
“This technology is important because MRI scans illustrate
more clearly than ever before, the difference between healthy and diseased
tissue, and can provide important information about the brain, spine, joints
and internal organs. It can lead to early detection and treatment of disease
and has no known side effects.”
Thus, "Diabetes Mellitus with No
Complications" could have been a voice error reader that meant to say with
Complications; he did write that Alibi at the end of a visit, but
Doctor Asistores importing the statement into my first appointment was no typo,
repeat word, nor voice reader mistake, it was intentional with malicious intent
to cause an adverse effect; when fruition.
Examples of Medical Malpractice according to the Board of ABPLA,
Attorneys:
"Medical
malpractice can take many forms. Here are some examples of medical negligence
that might lead to a lawsuit:
•
Failure to diagnose or misdiagnosis
•
Misreading or ignoring laboratory results
•
Unnecessary surgery
•
Surgical errors or wrong site surgery
•
Improper medication or dosage
•
Poor follow-up or aftercare
•
Premature discharge
Retrieved from: https://www.abpla.org/what-is-malpractice
"Fraud definition, deceit, trickery, sharp practice, or
breach of confidence, perpetrated for profit or to gain some unfair or
dishonest advantage" https://www.dictionary.com/browse/fraud
"When there is an approximate balance of positive and
negative evidence regarding any issue material to the determination of a
matter, the Secretary shall give the benefit of the doubt to the
claimant." 38 U.S.C.A. § 5107(b); see also Gilbert v. Derwinski, 1
Vet. App. 49, 53 (1990). Retrieved from: https://www.law.cornell.edu/uscode/text/38/5107
Slack, Donovan. “'I Knew Something Was Not Right': Mass
Cancellations of Diagnostic Test Orders at VA Hospitals Draw Scrutiny.” USA Today, Gannett
Satellite Information Network, 1 Oct. 2018, www.usatoday.com/story/news/politics/2018/10/01/VA-hospitals-cancellations-diagnostic-exam-orders-draw-scrutiny/1424298002/
“Cancellations of more than 250,000 radiology orders at VA hospitals across the country since 2016 have raised questions about whether…Those hospitals are in Tampa and Bay Pines, Florida; Salisbury, North Carolina; Cleveland; Dallas; Denver; Las Vegas; and Los Angeles.” “Employees estimated they canceled thousands of radiology orders without checking first with doctors or patients, according to depositions in a discrimination lawsuit brought by four ultrasound technicians.
“Cancellations of more than 250,000 radiology orders at VA hospitals across the country since 2016 have raised questions about whether…Those hospitals are in Tampa and Bay Pines, Florida; Salisbury, North Carolina; Cleveland; Dallas; Denver; Las Vegas; and Los Angeles.” “Employees estimated they canceled thousands of radiology orders without checking first with doctors or patients, according to depositions in a discrimination lawsuit brought by four ultrasound technicians.
"With chronic diseases shown as such in service, or
within the presumptive period after service, so as to permit a finding of
service connection, subsequent manifestation of the same chronic disease at any
later date, however remote, are service connected unless clearly attributable
to intercurrent causes." 38 C.F.R. § 3.303(b)
Daily Kos asked who killed Stanley. Would the above be
enough duress to drive a man with PTSD over the edge; suicide or suicide by
cop. “Who Killed Stanley Gibson? The Military? The VA? The Las Vegas
Police?” Daily Kos, www.dailykos.com/story/2011/12/23/1048214/-Who-Killed-Stanley-Gibson-The-military-The-VA-The-Las-Vegas-police
Westervelt, Eric. “For VA Whistleblowers, A Culture Of Fear And Retaliation.” NPR, NPR, 21 June 2018,
Westervelt, Eric. “For VA Whistleblowers, A Culture Of Fear And Retaliation.” NPR, NPR, 21 June 2018,
Retrieved from: https://www.va.gov/vetapp16/Files5/1637892.txt
"When there is an approximate balance of positive and
negative evidence regarding any issue material to the determination of a
matter, the Secretary shall give the benefit of the doubt to the
claimant." 38 U.S.C.A. § 5107(b); see also Gilbert v. Derwinski, 1
Vet. App. 49, 53 (1990). Retrieved from: https://www.law.cornell.edu/uscode/text/38/5107
"With chronic diseases shown as such in service, or
within the presumptive period after service, so as to permit a finding of
service connection, subsequent manifestation of the same chronic disease at any
later date, however remote, are service connected unless clearly attributable
to intercurrent causes." 38 C.F.R. § 3.303(b)
Retrieved from: https://www.va.gov/vetapp16/Files5/1637892.txt
•
In
2019, Writing “0” (doc 178) when there is clinical evidence that support an
injury should be painful. In 2018, the courts ruled that pain was a disability.
So, many will write zero problems or a zero in pain spots for everything that
they never ask you about because you may disclose that there is a problem. In
2019, you may look at your records, my records, on my swollen, bleeding,
osteomyelitis (doc 210, 209), cellulites (doc 214.5, 212, 213, 214, 182.5),
edema (182, 182.5) (foot injury for wearing a shoe, one of the prosthetic shoes
since 2013 (doc 189) they recommended, twice, that would work, I told them that
it would not, and find that long after you have left the ER or Doctors office
because they did not give you pain medicine, you have a person’s own pain
medicine from another Doctor or over-the-counter, which people are trying not to give now to Veterans, maybe
because of this court ruling, they write, ‘this injury has no pain.’ The Darco
Special Prosthetic shoe is the only shoe that has worked for my feet
consistently for the last six years because of the arch and pressure points
relief, as an open toe sandal, in its design, I told two new Doctors and a
couple new Nurses at the VA this. But the Sunrise Doctor does not write it by
himself, because you told him there was pain, the other nurse wrote pain at 7
(doc 2011) and looked at the foot saying how nasty of a wound it was, and he
has another nurse transcriber (178) write for him “0” pain, because there is
“0” medicine prescription written, to have a second witness, a second verifier
“0” pain, and of course the Nurse never saw the foot, and add own “0” pain
medicine, zero swelling, so might a disability reviewer see it, there is a
second verifier against the Nurse that wrote “7” and this has corrupted the
record. In 2019, they corrupt the record from a person’s past diagnosis dealing
with degenerative diseases, chronic diseases, pain (doc 207, 208), and need for
medication by falsely writing in an instance, a twenty-five year old problem
riddled with degenerative disease, as now, a normal foot and “0” pain to
attempt to cut the pain medication (doc 207 208) and allow disability not to
rate the “injury” anymore. Medical Malpractice is my opinion. I listened to the
person investigating these false statement, misdiagnosis, misdiagnosis at Las
Vegas VA on the phone, flick through about a dozen new claims by Veterans,
before telling me, my claim was in another pile, an old pile, these were the
new, that she sent out an email and a letter to Nurse, but “Nurse never
responded” that said, I rode a scooter into her office, but could walk well,
and deceptively made to changes but not to say that I did not ride a scooter
into her office, manipulating adverse Social Security and Disability Law. I
never ridden a scooter. I never walked with a cane into a Doctors nor Nurses
office. The network firewall the incidents so they stay in the medical record.
Someone went to a lot of plans to put them in the records. Veteran denied
because his records are made inconsistent by the very people he trusts within;
so, the Veteran turns and leave stressed and depressed, maybe suicide.
•
With
the utmost respect, I think there is a network of people in Las Vegas VA, maybe
a person’s organization running a con-job on some, maybe many, Veterans on
Disability, Applying for You may say a Veteran may lose his benefits if he
complains? Well, if Veterans do not complain, they will lose them eventually
anyway. Each year this network grows waiting for their next chance to coerce
you out of a person’s deserved and earned benefits at the next review, 3 – 5 -7
years or so. They get better using more tactics each time; better now, after
this, covering their paper trail. Many have different reasons to participate.
How Institutional Discrimination works? A large portion of the overlapping
population must dislike a smaller group of people in the area. It will take all
parties to find a solution to this. A diagram on page 12.
•
Whistleblowers and complaint filers are targeted by the
network. If you were not disabled, they would not have to coerce the medical
records.
6
Key issues at your C and P exam
Posted
on July 2, 2012 by joeaveragevet
1.
Remember the 5 P’s, they will serve you well. Proper Preparation
Prevents Poor Performance. Also remember this: “If caught in a lie,
you will be denied”. Don’t take a chance
on getting caught, but instead be on the lookout for when the VA lies to
you, like Mr. Cushman, where the VA tried to alter the Veterans records in
order to deny him.
2.
Know what you are going to say when the C and P exam doc says, “How are
you?” While many of us automatically respond, “fine”, to this question,
you may have to do lots of backpedaling if you do this. If you were thrown
in jail last week for domestic violence due to PROBLEM, then don’t tell him you
are “fine” today. You are not
in the military any more, and your C and P exam is not the time to “suck it up”
and pretend everything is ok. To reiterate, do not lie or exaggerate as
that will bite you later. Instead, simply tell your doc about your
worst day, as opposed to the day you felt fine.
It
isn’t the examiners fault if you failed to tell him about your “incidents” and
instead told him you were “fine”. He reports to the VA there is nothing wrong
with you and you get denied.
4.
Bring your medical records with you. Offer them to the examiner.
An incomplete or inaccurate exam is a time burner.
5.
Remember what the examiner stated and write it down if necessary.
Review your C and P exam at your earliest convenience, and compare
it to what he said, noting any discrepancies.
Catherine
Trombley August 6, 2012 at 2:00 pm
Hi
SSgt.
Sometimes we have to ask the C&P examiner for clarification even though the opinion is clearly stated. An opinion has to include a statement say the doc reviewed the record, and a rationale. If the C&P opinion differs from other opinions, the doc has to state why. Without a rationale, or statement of review, the opinion will not hold up. This is a legal requirement and is meant to give you the most informed opinion possible.
Sometimes we have to ask the C&P examiner for clarification even though the opinion is clearly stated. An opinion has to include a statement say the doc reviewed the record, and a rationale. If the C&P opinion differs from other opinions, the doc has to state why. Without a rationale, or statement of review, the opinion will not hold up. This is a legal requirement and is meant to give you the most informed opinion possible.
12/28/2000 Neurologist did EMG study: findings Abnormal nerve conduction study at the left ulnar sensory response, which shows the decreased amplitude and slow conduction velocity. Conclusion: Abnormal nerve conduction study showing electrophysiological evidence of left ulnar nerve injury. (Billing Document 65). Health South Records for the initial two weeks of physical therapy, March 21, 2000 (Documents 90 - 93). Doctor Trouach s/p fall - 10 ft. C-spine spondylitis’s (X-rays), left elbow soft tissue, trauma w/nerve (Billing Document 94). Sunrise Hospital 07/07/2000 X-rays and Diagnosis: Neck Pain and Herniated Disk (Billing Document 95 and 96, 98 and 99). Sunrise Hospital 7/11/2001. Elbow Pain. Acute exacerbation of Chronic Left Elbow Pain (Billing Document 97). C-4 Pallet broke in half and I fell about 10' landing on back and striking elbow, filled out on March 14, 2000 (Billing Document 106). First Notice System 4/4/2000. (Billing Document 107). First Report injury Supplement 4/10/2000 (Billing Document 108). Witness to fall, Jay First Notice System (Billing Document 109). Department of Business and Industry Division of Industrial Relations, Claim Registration/Index of Claims System, submitted 7/13/2000 (Billing Document 110).
C-3 Employer have me sign as employer and
then sends the document to their old insurer.
This invalidated the claim. The insurer
name was spelled CAN, instead of its actual name CNA. The claim number went
from 81141390 (Billing Document 69) to 81143901 (Billing Document 71) when a
correct claim was issued by the insurer on November 2, 2000; injured left elbow
contusion and Cervical Spine from a ten-foot fall with cuts on back and left
elbow 03/13/2000. There was a document that Electro diagnostic was requested by
Industrial medical Group and a consult to Othro Dr. Vahey, fine doctors that I
am sure, was requested by them but never approved by the insurer, RSKCo; while
the insurer provided a document that they had approved the Doctors but could
not contact me and I was a no show on 5/1/2000 per IMG. I had contacted IMG and
they said the insurer would not approve the Doctors consult as of 5/1/2000 and
they said they would contact the insurer again, and document from IMG shows
they contacted the Insurer, RYSKo on 5/5/2000 (Billing Document 66) for
approval and they did not approve the appointments then either; but scheduled
me to see a Doctor Mashood/Mashhood about 3 or 4 weeks later (Billing Document
66).
YEARLY
PERFORMANC IN THE AIR FORCE
Document 506 I
created an entrance sheet for UMC with my information Copied and the reason for
my admission. It included my VA card, Medicare Cards (2) new number and old
number, social security number, Driver License, Social Security Card and my
UNLV ID. I included the reason that i wanted to admit myself. It read, "I
would like to be admitted inpatient or outpatient for blood work & MRI R
Leg/Knee for bone infection ongoing for 6 months, gotten worse this weekend,
with edema swelling, venous staceous changes and maybe cellulitis patch of
infection differently. I would like to get treatment and "I think"
bone infection possible. My pain level ranges from 6 to 7 but, I have been
taking Naproxen, 'gabapentin, and Ibuprofens over the counter. A nurse from
Sunrise said I may have a bone infection, with the infection coming to the
surface. But, I was admitted R. Foot, not right leg problem.
Document 507
Patient Refusal of medical Care B. (Circled) i am unsatisfied with medical care
and my case worker Sharon was deceptive about billing. I have refused
prescription of 5 days Augmentin as being adequate treatment for my leg.
Augmentin is a penicillin used for foot and skin treatment. RAJ
"Augmentin is
used to treat many different infections caused by bacteria, such as sinusitis,
pneumonia, ear infections, bronchitis, urinary tract infections, and infections
of the skin." "Augmentin contains a combination of amoxicillin and
clavulanate potassium. Amoxicillin is an antibiotic belonging to a group of
drugs called penicillin. Amoxicillin fights bacteria in the body." https://www.drugs.com/augmentin.html
Document 510, 511
Sharon, case manager, billing and medical, was assigned to me by Monday
morning, my second day stay, October 21, 2019. I saw how the corruption worked
first hand as if I was in their office. She entered the room, told me that
Medicare did not cover foot and cellulitis treatment, and I told her that I was
not admitted for foot and cellulitis treatment, but a bone infection and pain
from the top of the ankle pass the kneecap. I asked her to put what she was
saying in writing and let me talk to supervisor. She then sent in the Medicare
woman to get me sign a paper that she had answered all my questions, Document
508, 509. I refused to sign that until after my MRI and my discharge expected
date tomorrow. But, i asked her was this stay inpatient, and she said yes. The
MRI was scheduled at 5 PM. Then Sharon brought in Document 510,
511,"Cellulitis & wound observation are considered outpatient service
per Medicare guidelines." You're a hospital outpatient receiving
observation services. You are not an impatient because "your Doctor orders
observation and outpatient testing." I told her again, I am not there for foot
treatment nor cellulitis treatments, as everything you look at from testing to
other Doctors conversation that I was there for and i refused to sign the
document affirming such. She had already prearranged for a Billing person that
had already talked to VA that this was now an impatient stay, that VA may
cover, and the lady said the VA said they were not going to cover the
outpatient stay because it was not service connected. I told her I did not wish
to discuss billing today, that I would do it on my discharge date. As i said,
evidence in the medical record did not support that I was there for foot
treatment, and no wound care person was sent to visit me in three days. Doctor
Khan tried to turn the hospital visit into a foot visit, because she was the Doctor
that talked to Doctor Asistores in 2018, when I walked out because of what i
thought was a scheme that dealt with disability by the two. This one seemed the same that she was trying
to change this to what the VA wanted adverse information on, a foot
appointment, but just observation, and no treatment as would be considered
emergent care. But, nothing in the medical record showed this a foot
appointment by Monday morning. Sharon set the stage where there needed to be
evidence in the record of the foot and without an x-ray or MRI foot, Doctor
Khan could not testify in any fashion to disability of the condition of the
foot. So, a foot x-ray was scheduled, that I declined, an orthopedic prosthetic
for foot was brought down, which I declined, the most absurd, because Khan did
not want me to get a leg MRI and wanted to push to release me before the leg
MRI because she said MRIs were for emergency only, someone turned the Leg/Knee
MRI to a foot/lower leg MRI excluding the knee which i was using a crutch to relieve pressure off
because of pain, and I persuaded the giver to change it to Leg/Knee MRI; for
the purpose of my visit. Document 512 was what I scribbled on the back of one
of the sheets of questions and answers that I was getting.
Document 513
Anne-Michelle, Ferko was the Director of Cases that Sharon had sent in. She
brought a Records Release form, I told her that I would sign tomorrow, because
I was unsure about getting the MRI. She brought another lady, an older black
lady whom may have been the intern Director, that told me the MRI was at 5 PM.
Doctor Khan came in after they left and said that she had not heard anything
about the MRI being scheduled. I told her it was at 5 PM. The MRI was changed
inconsistent with all my previous testing to include the foot; and the person
doing the MRI used 50% half the strength for my weight to use. He previously
said contrast makes infection light up like a candle; so half the contrast may
not detect infection as well in soft tissue, bone, or bone marrow.
Document 514, 515,
516, 517, 518 I took medical records that were relevant to my condition to show
doctors, they included Sunrise Hospital foot MRI, Sunrise Hospital 2/16/2019
and 3/28/2019 X-ray foot, VA ultrasound, 'reflux is noted on the right at the
level of the proximal and mid-calf, and on the left at the proximal and
mid-thigh as well as the mid and distal calf." UMC ultrasound person said
that they did not do this test as part of ultrasound testing; so they would
never probable discover this problem. Venous stasis changes in BLE, Leg edema,
Sunrise Hospital note from 3/28/2019, Peripheral Edema swelling Note From VA
4/26/2019.
Document 520
3/29/2019 x-ray of right lower leg, Enthesopytes at the level of the patellar
tendon and quadriceps tendon insertion.
"Causes of
enthesopathy include: Overuse, particularly from repetitive movements, such as
running or playing tennis. The most noticeable symptom of enthesopathy is pain
in the area around a joint when you use that joint. You may also notice that
the area of the tendon that attaches to the bones is tender to the touch."
https://www.healthline.com/health/enthesopathy
Enthesitis that is caused by an inflammatory disease can be persistent but
often resolves in response to treating the underlying disease.
Tendons are the
tissues that attach your muscles to your bones. Ligaments are what attach your
bones to one another. The place where a tendon or ligament meets your bone is called
an entheses. Your doctor might use the plural, entheses. Enthesopathy is an
umbrella term for conditions that affect these connection points. Enthesitis is
when they get inflamed and become painful because of injury, overuse, or disease.
https://www.webmd.com/arthritis/psoriatic-arthritis/enthesitis-enthesopathy#1
My concern was a
disease was infecting my bone causing pain at the bone. The admitting Doctor
said, while laughing, there could be some two hundred, maybe, infections that
could effect the bone.
Document 521 x/ray
Right Knee There is spurring at the tibia spines mild spurring along the medial
aspect of the knee joint. There is mild narrowing of the medial compartment.
Minimal spurring noted at the patellofemoral joint Mild Osteoarthritis.
Patellofemoral
arthritis affects the underside of the patella (kneecap) and the channel-like
groove in the femur (thighbone) that the patella rests in. It causes pain in
the front of your knee and can make it difficult to kneel, squat, and climb and
descend stairs. https://orthoinfo.aaos.org/en/diseases--conditions/patellofemoral-arthritis/
When joint space narrowing occurs, the cartilage no longer keeps the bones a
normal distance apart. This can be painful as the bones rub or put too much
pressure on each other. Joint space narrowing can also be a result of
conditions such as osteoarthritis (OA) or rheumatoid arthritis (RA).
Document 522
Department of the Air Force "Discharge from the Hospital against Medical
Advice, AMA”.... Heart attack or death... standard warning. I had a preplan
function to do before they wanted me to prepare for stomach surgery. The last
time i stayed for 10 days. I had not prepared personal items for a long stay. I
returned later that day.
Document 523 Patient
Returned from AMA, as promised. ER physician. 10/28/2015 He will be transferred
as we do not have any beds and do not have ERCP capabilities. Patient was
refused by Nellis because they are also out of beds. I discussed the case with
UMC and he was accepted by...
Document 524 Doctor
Asistores, my first appointment writes she and I had this conversation that I,
a life time non-smoker has been smoking for two weeks, two weeks is since the
last time noted in my medical records that I never smoked:
Colorectal cancer
screen.
Tobacco use
Screening: (*************NOTE: I AM A LIFETIME NONSMOKER).
“Patient had
tobacco use screening at this encounter and within the past 12 months, patient
states "I am a current tobacco user." The patient was counseled on
risks of tobacco use and benefits of discontinuing. Advised to stop using
tobacco products. Offered and discussed mediation options available. Offered
tobacco cessation classes, to assist the patient in quitting. Patient was given
brief counseling to; 1. Set a quit date within 2 weeks. 2. Get support from
family, friends, and co-workers. 3. Review past quit attempts - what helped,
what lead to relapse. 4. Anticipate challenges to quitting, particularly in the
first two weeks. 5. Identify reasons and benefits of quitting. Level of
understanding: Fair”
Active Outpatient
Mediation
1) Accu-Chek Aviva
plus (Glucose)
Document 525 - 532
Pictures of foot soft tissue wounds
Document 533 UMC
prints out AMA complaint on file
Document 534
Admitting Dollar
Document 535
ultrasound Cathode Duplex
CBC with auto
differential (abnormal) WBC 8.4
Document 536 Doctor
Cancels all plans for cardiac UMC 8/29/2019 on arrival. I was and had not been
in pain and I told them that I did not think I was having or had a
heart-attack.
Document 537 ECG
Severity Abnormal ECG 08/31/2019 UMC
Document 538 2252
08/29/2018 Discontinued all medication
Document 539 CT
Head without contrast Martinez, "CT Head with Contrast" canceled,
again "contrast" may have definite problem with brain more if there
was a problem other than the soft tissue swelling that was noted.
Document 540 Doctor
Misdiagnoses Surgery 2018 "Cardiac Surgery" Doctor Roth Initiate
Inpatient Observation 08/29/2018 2215
Document 541
Peripheral IV Patient Transferred to OTF
Document 542 Chief
Complaint syncope. He presented initially to the VA hospital complaining only
of head pain. 12 lead EKG abnormal.
Document 543, 544,
545, 546, 547, 548 Sunrise Hospital Wound Assessment report Photographic Wound
Document Hospital admit Length cm 1.5, Width cm 1.6, and Depth cm 0.2. Open
approach debridement.
Document 549 UMC
CAT SCAN 3 Mild bilateral maxillary sinus disease. Sinusitis.
Document 550 Mean
Glucose calculated 286 Glycohemoglobin 11.2 10/20/2019
Document 551 - 555
Lab Orders
Document 556
Glucose finger test 206 10/20/2019
Document 557 White
Blood Cell 6.50 10/21/2019
Document 558
Glucose 275 10/21/2019 0130
Document 559, 560
GFR calculation requires an accurate age and gender of the patient. For African
Americans multiply value by 1.21
Document 561
Glucose finger stick 249 10/21/2019
1248 Glucose finger stick 230 10/21/2018 0720
Document 562
Glucose Finger stick 249 10/21/2019 1604
Document 563
Glucose finger stick 260 10/21/2019
2041
Document 564, 565
Blood results WBC 7.40
Document 566 Glucose Finger Stick 164 (Nurse got to this
value by given me a long term insulin and maybe increasing the other insulin. I
complained to her that my insulin had been high since i had been there eating
light meals). 10/22/2019 0737
Document 567
Radiology X-ray right tibia and fibula Soft tissue edema noted. Plantar
calcaneal spur. UMC x-ray did not show as much as VA x-ray was showed the
underlying problem with my leg.
10/20/2019
Document 568
Ultrasound Bilateral lower Extremity Venous Duplex impression: No DVT NOTED.
They did not to the VA ultrasound, 'reflux is noted on the right at the level
of the proximal and mid-calf, and on the left at the proximal and mid-thigh as
well as the mid and distal calf." UMC ultrasound person said that they did
not do this test as part of ultrasound testing; so they would never probable
discover this problem.
Document 569, 570
CAD W/PRIOR MI (2010) had previous episode of chest pain for which he was
transferred from VA to UMC, however left AMA before having any workup. Patient
today has no chest pain or palpitations. Editor: Christopher Nguyen DO internal
medicine. Attending provider: Nazia Khan, MD (I, nor any Doctor, said I had
chest pain on that previous visit.) I did not see Resident Doctor Nguyen, UNLV
School of Medicine, on my last day. Chief Complaint Leg Swelling c/o R leg
cellulitis; h/o osteoarthritis on 05/19
Document 571 Neck:
no neck pain or stiffness (I have chronic neck pain and on medication,
misdiagnosis by Nguyen. Has new rash of right lower extremity.
Document 572 Lab
Average last seven days WBC 7.23
Document 573
Misdiagnosis by Christopher Nguyen, same protocol as Doctor Watson, and bill
not paid 10/21/2019 signed CN1, CN2, CN3 H P Admission notes: "male with a
past history of type 2 diabetes mellitus complicated with R foot osteomyelitis
x/p antibiotics coverage and recent hospitalization in 03/2019 at Sunrise
Hospital, who present to UMC on 10/20/2019 with worsening L foot rash and pain.
(They in the network mess up the admissions so the /admissions/discharge
summary are errored which insurers/VA require to look at before considering
paying bill and must be corrected, corrections at Sunrise Hospital can take
from 60 to 90 day which mean the bill denied may past the 90 day denial period.
Imagine a Doctor taking care of your health already has ill will to cause you
harm before they know you and you know them).
Document 574
"Chest Pain" misdiagnosis, so I have to ask Denise Delgado with the
racial slurs and misdiagnosing at VA Hospital ER was in contact with Kara
Nguyen at UMC over the last 4 years and is the two Nguyen related and maybe
Delgado know and contact both. This was a set up? Another Frame? 10/28 Kara
Nguyen is the date, 10/28 that Doctor Khan put instead of the day I discharged
on 10/22. doc 151, VA Triage/Time Jan 10, 2019@07:19 signed 01/10/2019 07:19
Lidia Free doc 153, Denise R. Delgado
communicates with Lynda S Kruithoff, Doctor Asistores Administration Nurse
Signed 01/12/2019 02:14 Denise R. Delgado /es/ Signed 01/12/2019 07:21, as
night shift ends Jan 12, 2019 Letter from Dr. Asistores, a person’s IBUPROFEN
600 MG was not reordered due to a person’s history of heart disease., doc 138.
But Asistores list Spine injury, ddd-c1, c3, c5, c7 as one of my major
problems, she cuts pain medication because of possible heart effects from the
medicine but says in the syncope’s incident that there are no significant
changes in my EKG, heart, from past, 2009 heart attack till present. My
prescription for IBUPROFEN was not scheduled to run out until 2020. 08/17/2018
Asistores list Hypertension as one of my major problems, she is the center of
what is happening caused unreasonable excess stress, doc 134. She lists me as
non-smoker in current problems, active problems which is inconsistent with any
problems in the list, nonsmoking is positive effect on life and the other
problems have negative effects on life; and with her other two adverse comments
on smoking sends a signal that addictive smoking is maybe in fact a problem,
doc 120. Nurse Delgado angrily writes after calling me a few names: "THIS
Nurse ATTEMPTED TO EDUCATE PT THAT "GETTING WET" DOES NOT MAKE A PERSON
ILL." (doc 18)
01/12/2019 DO ER
assessment 01/12,2019 @ 02:10 bronchitis, sinusitis Low inspiratory volumes.
Albuterol 90 mcg, 2000 oral inhl, 2 puffs every four hours as needed for
breathing Pseudoephedrine Hcl 30 mg tab signs and symptoms of a person’s
condition include trouble breathing, drainage from a person’s nose, pain and
pressure in a person’s face, headache, ear pain, fever and weakness. Sinusitis
comes more than likely from infected "deviated septum" that I have.
Prohibited from driving or operating vehicle next 6 hours because of
medication. Weight 293 pounds. A sinus infection happens when viruses,
bacteria, or a fungus grow within the sinuses..."moist environment for an
infection to grow. Physical Exam General Appearance, well developed, well
nourished, in no acute distress (they see me simultaneous and two very
different me, it would seem) The sclerae were anicteric and conjunctivae were
pin and moist. Lungs revealed rhonchus breath sound. He admits to sinus
pressure, sore throat, runny nose. Patient had improved on re-evaluation. (I
was given a couple Tylenol and put on some sort of Sinus breathing machine for
about twenty-minutes to half-hour and check for nasal pneumonia with soaves by
the Nurse. I was given chest x-rays with by a portable machine by radiologist
person.
Document 575 Susan
Yiquan Sun (Resident), MD Right lower extremity rash, suspicion for
non-purulent cellulitis diabetes mellitus, uncontrolled and complicated by
peripheral neuropathy 10/22/2019 this is what Doctor Khan diagnosed on
10/21/2019 and I told her that there was more problems than leg neuropathy. I
have not had leg neuropath in the last 10 years or so, since foot neuropathy.
The onset of the pain I had was not Neuropathy solely. I demanded an MRI. She
said they were for emergency only. Bone pain was an emergency. Patient not seen by me on day of d/c - left
AMA. Nazi Khan did not see me on the final day to write false discharge so she
messes up the Discharge summary by writing twice: Attestation signed by Nazi
Khan, M. D. at 10/28/2019 1:14 pm as cosigner when Sun, MD (Resident) write,
and right beside her the correct date 10/22/2019 10:15 when I left AMA. Nazia
Khan extends the time past 11 AM when she is setting right beside Sun, when I
left. After, showing Khan the AMA, the Nurse refused to give me a copy and hid
the document deep in a pile of papers, only to give me a copy at the direction
of the Head Nurse when I complain to the Doctor team that she was with. They
change the form over a year, before there was a yellow duplicate copy so the
patient has to get a copy; now, it is only a one-sided white piece of paper.
Khan sent Sun in to tell me about release, it would be determined neuropathy,
cellulitis, and i would not be allowed to see MRI nor X-rays before released
with 5 days anti-biotics. I AMA as improper diagnosis and treatment for my leg
and knee pain. The Doctor said I was there on a crutch to relieve pain off the
knee, I left with the same crutch. To, help out Asistores, VA problems.
576 - 577 additional
evidence
Document 578 MSK
pain to palpation of R distal leg where mild erythema and rash is present,
otherwise no other gross deformities of upper and lower extremities.
Document 579
patient seen by myself and ER Resident under my supervision. I did examine the
patient and directed the emergency department care. Patient complains of
increasing right lower leg redness and pain. The patient does have a history of
previous osteomyelitis and recurrent cellulitis. .. Right lower extremity is
slightly more swollen than the left with 3+ edema is of somewhat warm to the
touch over the anterior lower leg. Likely consistent with mild cellulitis.
Patient had a negative ultrasound for DVT as well. No signs of sepsis. Patient
started on IV antibiotics and will be admitted overnight for... Agree with
resident evaluation and management.
Doctor, DO
Document 615 UMC MRI Impression read by Desert Radiology, Polner MD:
This MRI describes also what is going on in my ankles and my left
knee. I thought it was affecting my elbow joints but I don't see that in my
reading; this may be something else.
1. Osteomyelitis
not identified.
2. Diffuse
subcutaneous edema consistent with cellulitis.
3. Degenerative
changes in the medial distal femur with cortical erosions, subchondral cystic
change and ill-defined marrow edematous change consistent with stress reaction
or posttraumatic change. Joint effusion and Bakers cyst. Mild inflammatory
change of the knee UM
History: Leg
Infection Comparison to: Tibia x-ray of 10/20/2019
Technique: multiplanar
pre postcontrast
MR imaging of the
right tibia. Multihance, 15mL (30 ml is recommended for my body weight via
technician). Performed 10/21/2019 1928 / 7:28 PM
Ordering Provider:
Christopher Viet Nguyen, DO 10/21/2019
Other Findings:
moderate diffuse subcutaneous edema without abscess formation.
There is a large
joint effusion and there is a small Baker's cyst.
Smooth thin
synovial enhancement noted in the knee.
Fluid distends the
tendon sheath of the flexor hallux longus at the ankle.
Small cortical
erosion in the inferior aspect of the medial femoral condyle with moderate
ill-defined edematous change in the adjacent bone marrow.
There are
degenerative signal intensity changes in the medial meniscus.
Ill-defined marrow edematous
"Bone marrow
edema is a term used to describe the build-up of fluid (edema) in the bone
marrow. ... Bone marrow edema is a condition that can be identified on an
ultrasound or magnetic resonance imaging (MRI) scan and is often associated
with osteoarthritis, a fracture, or joint. Edematous, Avascular necrosis is the
death of bone tissue due to lack of blood supply. If the bone undergoes
avascular necrosis, the resulting damage might be irreversible. The healing
time of a bone bruise depends on its severity. Bone bruises can heal in as
little as 3 weeks or take as long as 2 years to fully repair." "Bone
marrow edema most commonly occurs in the hips, knees and ankles. In this case,
bone marrow edema of the knee is a main cause of localized knee and joint pain,
and is only diagnosable via a Magnetic Resonance Imagining test (MRI). It is
usually caused by the following scenarios: ... Avascular necrosis, or “bone
death”." https://www.g2orthopedics.com/bone-marrow-edema-in-the-knee/
Current treatment
of bone marrow edema does not cure the condition, but only helps in alleviating
the associated symptoms. In more serious cases, surgery may be required. A
common procedure for bone marrow lesions or edemas is core decompression. https://www.precisionorthosports.com/bone-marrow-edema.html
"Knee effusion
occurs when excess synovial fluid accumulates in or around the knee joint. It
has many common causes, including arthritis, injury to the ligaments or
meniscus, or fluid collecting in the bursa, a condition known as prepatellar
bursitis. NSAIDs may also be used to treat swollen joints from an injury. Along
with NSAIDs, applications of moist heat or ice can help ease swollen joints and
pain. Steroid medications taken orally for a short period of time may be
effective in reducing painful, swollen joints https://www.webmd.com/arthritis/swollen-joints-joint-effusion
Gout. Gouty arthritis usually strikes suddenly, with severe joint pain,
swelling, warmth, and redness, often in the big toe (about 50% of cases). Gout
causes a painful, swollen joint that's so severe that the weight of bed sheets can
cause distress. It usually involves one joint when it strikes, but occasionally
gout can affect more than one joint."
"A Baker's
cyst is a fluid-filled cyst that causes a bulge and a feeling of tightness
behind your knee. The pain can get worse when you fully flex or extend your
knee or when you're active. ... Both conditions can cause your knee to produce
too much fluid, which can lead to a Baker's cyst." https://www.mayoclinic.org/diseases-conditions/bakers-cyst/symptoms-causes/syc-20369950
Treatment https://www.mayoclinic.org/diseases-conditions/bakers-cyst/diagnosis-treatment/drc-20369955
"Sometimes a
Baker's cyst (may mimic blood clot, aneurysm or tumor) will disappear on its
own. However, if the cyst is large and
causes pain, your doctor may recommend the following treatments:
Medication. Your
doctor may inject a corticosteroid medication, such as cortisone, into your
knee to reduce inflammation. This may relieve pain, but it doesn't always
prevent recurrence of the cyst.
Fluid drainage.
Your doctor may drain the fluid from the knee joint using a needle. This is
called needle aspiration and is often performed under ultrasound guidance.
Physical therapy.
Icing, a compression wrap and crutches may help reduce pain and swelling.
Gentle range-of-motion and strengthening exercises for the muscles around your
knee"
"Surrounding
muscles, tendons and ligaments support the joint allowing it to move smoothly
and without pain. Rheumatoid arthritis causes the normally thin synovium to
become inflamed and thickened, leading to an accumulation of synovial fluid and
causing pain and swelling. “Treatment for synovitis usually consists of rest
and anti-inflammatory medications. Medications may include oral drugs known as
DMARDs (disease-modifying antirheumatic drugs) and, in some cases, steroid
injections." https://www.hss.edu/condition-list_synovitis.asp
"BACKGROUND:
Tenosynovitis of the flexor hallucis longus (FHL) tendon is a condition
typically found in ballet dancers and sometimes in soccer players and is
related to chronic overuse. A traumatic cause for this situation, such as an
ankle sprain, is considered rare." https://www.ncbi.nlm.nih.gov/m/pubmed/23199862/
"Venous stasis
is probably the most common cause of diffuse cortical thickening in the tibia.
The pathogenesis is uncertain; it may be due to tissue hypoxia, venous
hypertension, or other local environmental change that ultimately leads to
periosteal stimulation (diffuse, often asymmetric cortical thickening
results)" https://pubs.rsna.org/doi/full/10.1148/rg.231015088
Failure to
Diagnose, Failure to properly treat, by Doctor Khan, Doctor Nguyen, DO
(Resident under Khan 10/20/2019 and 10/21/2019) and Doctor Sun (Resident under
Doctor Khan 10/22/2019). These Doctors are consistent with VA Doctors and
Sunrise Hospital Doctors, when the evidence MRIs, X-Rays, Pictures, Test and
Labs, Patient, Medicine all say pay, they misdiagnosis, fail to diagnose,
and/or right false statement, misdiagnosis, misdiagnosis, muscleskeleton
"no pain" inconsistent with the evidence.
Document 578 - 586
additional medical evidence
Document 587 Back:
has chronic back pain, but no acute midline back or CVA tenderness, as of
interview his pain is a 6 or 7/10 then misdiagnosis "no muscle aches"
Neck: "no neck pain or stiffness" 10/20/2019
Documents 588 - 590
additional medial evidence
Document 591
10/21/2019 8:32 AM Doctor Khan dismissed my knee and leg problem as peripheral
neuropathy. We disagreed. She saw no reason for MRI. I told her of the bone
pain and severe pain in my knee and the danger of leaving it uncheck by an MRI.
I did have bone marrow infection. She more than likely pulled the plug on my IV
treatment that reduced the swelling in my leg and was working reducing the
pain; and wrote this misdiagnosis of my problems: "i personally examined
the patient and evaluated the patient's medical history, physical examination,
laboratory results/studies, EKG/telemetry, OLD RECORDS and assessment and i
discussed the findings and formulated the care plan documented with the
resident physician. Pt. seems to be stable with not much evidence of an acute
infection at this time - will benefit from good and consistent outpatient f/u.
needs better BS control. Can consider sending him home later today with
outpatient f/u. khan, Nazi S. MD
592 - 599
additional medical evidence.
Document 600, 605
Misdiagnosis "ambulates with cane to reduce weight bearing on R Knee"
Occupation: Self employed
Document 601: US
Venous Duplex leg bilateral soft tissue edema is noted.
Document 602
Misdiagnosis: "had previous episode of chest pain" for which he was
transferred from VA to UMC, however left AMA before having any workup."
(NO chest pains).
Document 603
Provider Nazia Khan, MD Admission date/time 10/20/2019 3:11 PM
Document 604
Misdiagnosis Neck: No neck pain or stiffness The Doctors writing implies he
read the documents previously mentioned that i left a copy with the Doctors
made by the nurse.
Document 605 large
singular lesion across R distal medial tibia
Document 606
Medication list
Document 607
Misdiagnosis "worsening L foot rash and pain"
Document 608
Misdiagnosis "Cardiac Surgery"
Document 609 Blood
Pressure 152/77 White Blood Cell 8.40
8/29/2018
Document 610 Mild
bilateral maxillary sinus disease
Document 611 CAT
Scan Syncope, and Scalp hematoma
Misstatement Needs
correction can cause false diagnosis of pain, "The patient is also
complaining of any chest pain."
Christian j Villaflor, MD
Document 612
Attestation: Please not this report has been produced using speech recognition
and may contain errors related to that system, including errors seen in
grammar, punctuation and spelling, as well as words and phrases that may be
inappropriate. If there are any questions or concerns, please feel free to
contact the physician for clarification. (I did not see much of this from
Sunrise and UMC, unless Doctor Khan's five or so words in discharge that she
could not seem to be able to get right. What I see is my litmus test:
For me the litmus test to allege that a mistake is
intentional with intent to cause an adverse effect on my disability reviews is,
can the mistake be linked to adversely affecting a disability law? A typo, or
repeat word, or a voice reader mistake does not meet the litmus test in my
opinion.
Document 613
Smoking Status: Never Smoker Smokeless tobacco never used
Document 614
Misdiagnosis "cardiac surgery" (I never had cardiac surgery)
"ambulates with cane"
Document 615 MRI
UMC
Document 616 MRI
TIBIA FIBULA RIGHT W WO CONTRAST Nguuyen, DO 10/21/2019 6:30 PM
Document 617
Admission to the Hospital
Document 618 Racial
Slur used by Doctor Asistores, and I think n she was forced to admit that I was
a non-smoker, was calling me a "she' as a homosexual man. Misdiagnosis;
'This is similar to prior cellulitis of the lower extremity for which
"she" was treated and released from Sunrise Hospital March of 2019.
Misdiagnosis: "Reports subjective fever" (I do not remember saying I
had a fever, I have fevers with Sinusitis, not normally foot, leg, and knee
pain). ED, Document 619 - 616 I can't make out who wrote statement. Author:
Nicholas Schulack, DO (Resident)? Cosigner: Jefferson D Bracey, DO
Document 619 Chief
Complaint Leg Smelling, leg swelling and pain, leg swelling worsened. ER Adult
ED Provider, Ed attending physician,
Document 620
Medication List
Document 621 HIV
Antigen Value nonreactive Ref Range Nonreactive. Misdiagnosis
"Musculoskeletal: there is full range of motion of all extremities. There
is no joint pain or joint swelling erythema. There is no muscle pain or
tenderness or swelling." (They set the MRI up to read the foot and lower
extremity leg, and not the knee. They saw the Knee X-ray from the VA, and
mention I was on a crutch.) The patch of Cellulitis patch approximately the 20
x 8.5 centimeters. The MRI room was backed up and they could not get me in
until after PM.
Document 622
Hemoglobin 13.1 10/20/2019
Document 623 X-ray
Tibia Ribula RLE edema, cellulitis, soft tissue edema is noted.
Document 624 On
several hospital visits Doctors have noted tachycardia, but not this visit as
said (achycardia refers to a high resting heart rate. In general, a resting
adult heart beats between 60 and 100 times per minute. When an individual has
tachycardia, the upper or lower chambers of the heart beat significantly
faster.) Achycardia refers to a high resting heart rate. In general, a resting
adult heart beats between 60 and 100 times per minute. When an individual has
tachycardia, the upper or lower chambers of the heart beat significantly
faster.
Document 625
Patient will require admission to internal medicine service for further
evaluation management of their disease process. Case was discussed with
resident, DR. of the admitting service, including any possible incidental
findings. Admitting service kindly accepted the patient. Patient condition at
admission was stable: cellulitis of right lower extremity.
Document 626, 627
Labs 2018
Document 628 Venous
Duplex Exam
Document 629 Labs
Document 630 Family
history Noncontributory
Document 631
Misdiagnosis Cardiac Surgery
Documents 632 - 700
Additional medical documents, request, and evidence. 10/2 0/2019 1433 or 2:33
PM 10/20/2019 1949 / 7:49 PM Diagnosis #1 add Cellulitis of right lower
extremity (primary) Schulack, DO
Additional Medical Evidence
In my case, they did, and continue to do, cause,
induce, incite, fabricate, cook up, frame, concoct, makeup, whatever it takes,
to have an adverse effect on disability, rating, compensation, law or
review; omit material evidence, hide exculpatory evidence, fabricate false
documents and evidence, and then plant or exclude the evidence in my medical
records. Prove "Diabetes Mellitus Without Complications" through
manipulating the evidence to stop the fulfillment of compensation and or rating
of injury or disease, Diabetes with complications. A Practical Guide to
Appellate Advocacy, Third Edition, , Wolters Kluwer Law & Business,
2010 wrote in part P. 221 - 222 "If the law is with you, argue the
law; if the facts are with you, argue the facts; [if the medical documentary
evidence is with you, argue the medical record, 5000+ documents argued]; if
neither [none of these] is with you, call the other guy names." The
Agreement has been indefinite in nature; one building on the others past acts,
like that one in the past leaves behind a corrupted part of the medical record
from an active supporting role to a supporting passive role in the
record.
It is my belief, Doctors, and Nurses attempt to
stop compensation and rating for military injury and disease through fraud. In
my opinion, the military foot injury and disease showed symptoms of Diabetes,
injury, disease, in the military medical records, while in the Military,
creating a Nexus to Medical connected to today's condition of a foot injury,
disease, Diabetes. The Diabetes, injury, disease, Nexus is in the foot, so the
secondary complication of Diabetes, injury, disease, and the Diabetes, injury,
disease, Secondary's Complications may be Nexus to the foot injury and foot
disease from the military. They attempted, attempting, to do the same with
other Service Connected Injuries, illness, and diseases, which such acts are
contrary to U.S.C.A. AND C.F.R. Codes and Regulations on Issues.
Regardless if no propensity evidence, Federal
Rules of Evidence, 404 of prior acts from other cases, and even if excellent
character claimed from some of these Doctors and Nurses, I believe the
admissible evidence shows motive, opportunity, preparation, intent, plan,
knowledge, identity, absence of mistake, lack of accident, and a final fruition
of such acts. (P. 157, Fisher).
P. 313, Evidence, Third Edition, George Fisher wrote, "evidence tending to show a witness's bias, prejudice, or motive to lie is so significant that it is not considered a mere collateral matter but is deemed exculpatory evidence that may be established my extrinsic proof as well as by impeachment through cross-examination."
P. 313, Evidence, Third Edition, George Fisher wrote, "evidence tending to show a witness's bias, prejudice, or motive to lie is so significant that it is not considered a mere collateral matter but is deemed exculpatory evidence that may be established my extrinsic proof as well as by impeachment through cross-examination."
"Fraud definition, deceit, trickery, sharp
practice, or breach of confidence, perpetrated for profit or to gain some
unfair or dishonest advantage" https://www.dictionary.com/browse/fraud
Complaints
emailed to Nevada Senators Cortez and Rosen; and Governor Office Susolak
(Document 8).
Complaints
against the following Doctors, Administrators, and/or Nurse with Document dates
of specific incidents:
Doctor
Melody C. Degracious date April 17, 2008 Medical Document Number 2 in this
Overview writing, Nurse Judy Rodriguez date July 11, 2001 Document Number 1 in
this Overview writing, wrote one statement each adverse to work comp and Social
Security Disability Review, respectively. I think intentionally to disconnect
records from work accident, with intention to cause harm by writing this misdiagnosed
of the medical records from accident to deny any compensation, awards, reviews,
or state ratings that were available to support injured workers. Much like
Service Connection code-word used to attempt the same against this Veteran,
discriminatory against the disable, and maybe against many others that have
already died unjustly denied their benefits. Their medical treatment benefited
me, but they were malicious in writing fabricated false statement,
misdiagnosis, misdiagnosis to attempt to stop equal access to benefits under
the Nevada/Federal Work Comp Program, Federal Disability Social Security
Program, and/or the State/Federal Veterans Service Connection Program...
Doctor Tri M. Thoung wrote Service Connection in my medical
records which appeared to be the first time by a Doctor which set off 5 years
of Doctors and Nurses corrupting my medical records starting in 2014. Doctor
Thoung coded-word, Service Connection, created a move to make Doctor Sarazan my
primary care Doctor, 2014, as Doctor Asistores used twice once for a Social
Security Review, 2017 conspired with three others, and another which lead into
a Service Connection Review which many were willing to participate in the
corrupt practice of maliciously corrupting a Veterans medical record, unless
mine was one isolated case of discrimination which evidence proves
discrimination may have been the case, but they are to skilled at doing it to
be isolated. This complaint not filed against Doctor Kaiser. He was helpful
during the incident. Case to connects false fabricated evidence from 2014 to
past Social Security Case of fabricating false evidence about a "forklift
fell on my head" that shows how these fabricated false statement,
misdiagnosis, misdiagnosis are intentionally written with malicious intent
separate the Veterans Medical Records from his/her work related injury or
Service Connection disabilities. "Forklift fell on my head" is not
the same injury as "10' fall from a forklift" but the medical records
and conditions may have come from the later, but not considered connected to
the fabricated false evidence a "forklift fell on my head" in legal
matter; that could clog or bog down a case just over that issue. Saying there
are two different injuries validates that the injury did not come from as
"10' fall from a forklift" which could be service connected but came
from a different injury "Forklift fell on my head" that may not be
Service Connected. This is what fabricated false evidence does that the Doctors
and Nurses with such a great number, are intentionally putting in the record
discriminating against me, a Service Connected Veteran; as the evidence
supports.
Doctor
Asistores used the word Service Connection Documents 90 (November 17, 2017
"THIS IS A SERVICE CONNECTED VISIT: YES" [tooth dental and foot
diabetes ) 93, 94, 95 (August 17, 2018 "THIS IS A SERVICE CONNECTED VISIT:
no" after several complaints I wrote and requested a change of Doctor) 91,
92 ( November 16, 2018 "THIS IS A SERVICE CONNECTED VISIT: YES" foot
diabetes visit and she found out she would continue to be my Doctor), 96, 97, 98, 99, 143) in my medical records as
a secret code directing other Doctors and Nurses to enter false statement,
misdiagnosis, misdiagnosis adverse to disability law, as many did. Doctor Toung
was the first to do this in 2014, a couple months after that statement maybe
from the ER/or a specialty visit, Doctor Sarazan was appointed my Primary Care
Doctor where false adverse statements to Disability Service Connection became a
constant put in my records when many Doctors and Nurses read this code. From
Newspaper reports, Doctor Sarazan has a history of overseeing misconduct at Las
Vegas VA. Doctor Asistores asserted this code again in 2017 for a Social
Security Review, stopped it, with a "no" Service Connection for my
visit August 17, 2018, correcting adverse statements, but with another
derogatory statement, where the lie about the conversation with me smoking was
removed; that lie made by Doctor Asistores to off-set my Service Connected
dental injury specific and smoking also adverse to several other diseases I
have, CAD, Diabetes Mellitus, etc., also at appointment November 17, 2017 she
imported a false statement, misdiagnosis, misdiagnosis, "Diabetes with no
Complications." (151, 152, 153, 154, 155, 156, 157, 158, 159) Asistores
and Doctor Olcott, foot specialist, imported this into 2017 records, during the
beginning of a November 2017 Social Security Review (Documents 91, 92, 93, 94,
95, 96, 97, 98, 99, 143). After I filed this 51-page complaint on ebenefits.va.gov to
VA Central Processing for Claims, Wisconsin, and Doctor Asistores starting
signing es/ as receiving documents from other Nurses and Doctors in June, 2019
catching up those not signed by anyone in nearly two months. The
statement was from 2015 Shepard’s misdiagnosed of my foot injury and disease in
the foot "Diabetes Mellitus without Complications." Then Asistores
reasserted the quote for a foot injury November 17, 2017 and the statement
Service Connected, and then the statement again Service Connected, after
stating I was not Service Connected on August 16, 2018, on November 16, 2018
where three groups of Doctors and Nurses followed her orders proceeding thru
2019. Supporting Documentary Evidence for this claim and additional allegations
can be found on annotated Pages: 6, 16, 181, 182, 183 While awaiting C & P
exams March - June, Doctor Asistores signature did not show up on any, or very
few signed notes as if she was not my Primary Care Doctor, 3/29/2019 ER Note from rewriting medication for Sunrise
Hospital thru April 26, 2019 Nurses Visit was not signed by Doctor Asistores
until 06/08/2019, 6/11/2019, respectively (Documents 201, 210). Along the same
time, I filed complaint of not seeing any C & P doctors for the Dental or
Foot for good cause, and a complaint about Doctor Garcia and his Nurse acting
under false pretense as my Primary Care Doctor and Nurse, but I would see the
given list if they would approve them. (Document: 193 April 25, 2019 Doctor
Garcia's Nurse Triage, vs. Documents 202, 203, 204, 205, 206, 207, 208, 209,
210 April 25, 2019 VA ER Nurse, Documents: 194, 195, 196, 197, 198, 199, 200).
The C & P doctors were never approved that I requested to see, Doctor
Asistores and the network that she assembled was not a specialist in those
fields. It was all about stopping the foot and the dental Service Connection.
Air Force Medical Records pages 125 - 158).
---------------------------------------------------------------------------------------------
Allegation 1. Doctor Okechukwa Time
of Incidents: November 6, 2017 - December 13, 2018 Progress Note signed by
Doctor Okechukwa for or in place of Doctor Asistores. Doctor Okechukwa (Primary
Care Supervisor) at Northeast Clinic and Hospital New Primary Care Clinic when
there was a shift of Veterans from Northeast Clinic. After I filed this 12-page
complaint (Documents 67 - 79) under Sarazan and Sheth, I was assigned Doctor
Shepard on a follow up visit replacing Doctor Kaiser who approved the statement
to be scanned into the medical records.
Allegation 2. Doctor Shephard. I believe Doctor
Shephard , "Diabetes Mellitus Without
Complications" (Document 22, 25C, 25D, 50, 51, 52, 57, 58, 59, 159,
160) put in my records on 12/08/2015 was no accident, even though he wrote an
alibi on 10/24/2016 about voice recognition equipment he used (Document 14).
Olcott and Asistores imported the quote into my first visit in November 2017
and I believe that may have been my first visit with Doctor Shephard. They were
to continue the protocol that started under Doctor Sarazan in 2014. After I
filed a complaint about the false statement, misdiagnosis, misdiagnosis being
put in my medical records and they were allowed to be scanned into my medical
records. My Doctor then, and Sarazan's Mily Sheth Resident were replaced with
Doctor Shephard. He said he was taking over Sarazan duties with interns and at
the time, I did not know that meant with the entering of statements adverse to
disability law, many false, many misdiagnosed made by Doctors and Nurses. Nurse
Delgado and Doctor Tran followed the protocol of corrupting Service Connected
medical records during the time Shepard as Primary Care Doctor, still acting
under Doctor Sarazan as he was still in Administration till the time I was
moved under Sarazan, Okechukwa, and Asistores as she followed the same
protocol, but became more aggressive. Doctor Shepard disable with the false
statement, misdiagnosis, misdiagnosis, misdiagnosis, about me smoking, not
saying I smoked, but making the statement similar to Doctor Asistores, and
Shepard said I had not smoked for the last twelve months. 1 Doctors, 1
Resident, and a Nurse during my Primary Care under Doctor Shepard, and Doctor
Shepard, followed Protocol set by Sarazan, Thoung's Service Connection: Yes,
statement in 2014:
Allegation
3. Nurse Alejandro Delgado consulting with Olcott
11/13/2017 - 12/12/2017 (Document 110) communicating with Olcott in the notes
wrote "Veteran has a bad address" when I received all this mail from
the VA Before and After at the same address, and these people communicated with
me fine without a phone on file, he states to adversely affect the medical
records: Documents: 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122,
123, 124).
Allegation
4. Resident Mehendran Jayaraz went further than
Doctor Shepard on the same protocol of, if treating a disabling disease, then
put an adverse statement to not connect it to the Service with an alternative
legal medical statement. Here, Jayaraz offset the possibility of Cancer by
stating that I quit smoke. I am a none smoker, life-time as it states in my
twenty-five year medical records, VA and Military.
Allegation
5. Doctor Tran, Oncology is part of and discussed
in Case 4. Doctor Tran followed the same
protocol of adverse false statement, misdiagnosis, misdiagnosis to disability
law under Doctor Asistores writing the identical same phrase. As if, I would
repeat the same phrase in two different years about not caring about my long
term vision with all my visits to doctors.
Allegation 6. Doctor Cohen. The
Agreement, in 2017, The Doctor in the ER
made a false statement, misdiagnosis, misdiagnosis, misdiagnosis,
"negative intensifier" by leaving out that I told him that I reduced
my medication because of stomach pain; a lie through omission of a material
fact (Document 40). It is in medical records where a Doctor and Nurse said I
should do so in the future when such problems occur. The Doctor in the ER is
the same Doctor that oversaw the X-ray in 2019 that I believed was fudged by
omission of a material fact of what X-rays can successfully read. Doctor Cohen
contacts the Ortho Doctor Olcott (Document 86) that wrote the false statement,
misdiagnosis, misdiagnosis, misdiagnosis, in my medical records "negative
intensifier" in 2014 and falsely states, "has been treating it with
local wound care and has had several courses of antibiotics" (Document
90); the only time in life seeing her was then, and then she writes another for
my second time seeing her in 2017 (Document 88). Another Doctor with opposite
opinion of Cohen (Document 41). Mandy Olcott communicates with Doctor Asistores
November 2017 via medical records (Document 87) start of Social Security
Review.
Allegation 7. Doctor Olcott. The Agreement, the Doctor in Ortho is second in charge over my ten year foot Doctor; but she does not schedule an appointment with him, he was there and even seemed concerned and walked into the appointment to check on me, because he will not write a false statement, misdiagnosis, misdiagnosis, misdiagnosis, in my records, he never has for 10 years, not even up to 2019, like the nurse, she indirectly states how "uneducated that I am" by stating I said I attended some medical school class that I have never heard of, but it sounded like an erroneous college medical class when my major was business and law and it was a medical school college class. So, the second time only seeing her she fulfills my medical records again with false statement, misdiagnosis, misdiagnosis about I do not know how to take care of trimming my toenails; again, insinuating that I am "uneducated" with a "negative Intensifier" when other Doctors have said that I am especially skillful in such; her lie was easily disprove; as I did in complaints by testimony from other Doctors already in the records. But, it shows her malicious intent to corrupt the medical records as many are skilled at since this has been going on for over a decade. The Doctor also imported as Asistores did; the "Diabetes Mellitus without Complications" statement as her intent. Only two entries in my medical records and they both have false statement, misdiagnosis, misdiagnosis in them; 100% malicious. Air Force Medical Records pages 125 - 158).
Allegation 7. Doctor Olcott. The Agreement, the Doctor in Ortho is second in charge over my ten year foot Doctor; but she does not schedule an appointment with him, he was there and even seemed concerned and walked into the appointment to check on me, because he will not write a false statement, misdiagnosis, misdiagnosis, misdiagnosis, in my records, he never has for 10 years, not even up to 2019, like the nurse, she indirectly states how "uneducated that I am" by stating I said I attended some medical school class that I have never heard of, but it sounded like an erroneous college medical class when my major was business and law and it was a medical school college class. So, the second time only seeing her she fulfills my medical records again with false statement, misdiagnosis, misdiagnosis about I do not know how to take care of trimming my toenails; again, insinuating that I am "uneducated" with a "negative Intensifier" when other Doctors have said that I am especially skillful in such; her lie was easily disprove; as I did in complaints by testimony from other Doctors already in the records. But, it shows her malicious intent to corrupt the medical records as many are skilled at since this has been going on for over a decade. The Doctor also imported as Asistores did; the "Diabetes Mellitus without Complications" statement as her intent. Only two entries in my medical records and they both have false statement, misdiagnosis, misdiagnosis in them; 100% malicious. Air Force Medical Records pages 125 - 158).
Then
there was the fabricated false statement, misdiagnosis, misdiagnosis,
misdiagnosis, evidence about me saying I was ripping out my toenail (Document
93) that had not been there for over a year (Cohen Statement Document 94)
(Document 95) and I have been well trained how to remove a toenail. Doctor
Olcott also wrote that I said I had no foot ulcers when the referral to her I
was going to the ER seeking treatment about my foot ulcers. I had no open
ulcers with fluid oozing out.
05/22/2015 George B Kaiser M.D.
Patient reported removing his nail with a pair of scissors, toe swollen
06/02/2015 Miley Sheth / Keiser M.D. Swelling right 2cd toe,
ingrown nail removing 5 years w/scissors
11/15/2018
Olcott and Asistores in a prosthetic request wrote or signed off they had full
knowledge the imported statement from Shephard was false, but this document
does not get sent to Reviews, wrote, "Type 2 Diabetes Mellitus with
Diabetic Neuropathy Unspecified (ICD-10-CM E11.40
How to find Fraud in Medical Records from
Doctors and Nurses Putting False statement, misdiagnosis, misdiagnosis/lies to
adversely affect ratings, compensation, or disability? Audit by searching the
words "He" or "She" then or with advanced search
"said" because this is how they have perfected this at the Las Vegas
VA over the last two decades: "The Basic Formula, it is only three parts,
two that stay the same, with the middle part changing. The "he" or
"she" is used to relieve the Doctor or Nurse from stating the lie
themselves; when you find first and third part together, you simply ask the
Veteran about the lie:
First Part
Second Part
Third
Part (The Malicious Intent)
He *Said, " "The Lie" The lie must have an adverse effect on disability, rating, compensation, law or review.
She *Said, " "The Lie" The lie must have an adverse effect on disability, rating, compensation, law, or review.
*Of course you would have to substitute "said" with derivative words* like: stated, expressed, told, reported, affirmed, mentioned, replied, asked, listened, hid, spoke, verbalized, denied, mention, ask, deny, listen, hide, say, state, speak, verbalize, reply, etc.
Allegation 8. Nurse James. The Agreement, the third was Doctor Asistores Nurse, first time seeing me, wrote in the medical records that I walked/ambulated with a cane (Document 97). She did not put anything in the place of Monofilament Exam, but she said she did a foot exam and did not (Document 96 11/17/2017). This done so Asistores could import statement from Doctor Shepard associating it with the foot. A year later, she was the same person that wrote the false statement, misdiagnosis, misdiagnosis, misdiagnosis, about the filament test being normal the same day Doctor Asistores asserted the second Service Connection: Yes. But, on 8/17/2018 when Asistores wrote Service Connection: NO, Nurse James told the truth in Document 98, Right Foot: Not Done, Left Foot: not done, because I took my shoes off for an examination this time and she did not do them because she would have to put "abnormal" in some form of speech. Then James wrote the false statement, misdiagnosis, misdiagnosis, misdiagnosis, about I had a normal foot filament test (Document 99, 100, 101, 102); when fifteen years of Doctors and Nurses had written the opposite, even one on the same day, a foot specialist Nurse wrote abnormal (Document 103, 104), and Resident Sheth wrote Abnormal (Document 105), (Document 107, 109, August 16, 2005 and 07/18/2014 same) and the MRI proves the same (Documents 108).
Use of the 10g monofilament in the
screening of the diabetic foot ·
Sensory examination should be done in a relaxed setting. First apply the monofilament on the patient s
inner wrist so the patient knows what to expect. · The patient must not be able to see if and where the
examiner applies the monofilament. The
five sites to be tested on both feet are the pulp of the 1st and 3rd toes, and
MPJ s 1,3 and 5 (total 10 sites). (See figure). · Apply the monofilament perpendicular to the skin surface. · Apply sufficient force to cause the
filament to bend or buckle for 1-1.5 seconds. · Apply the filament at the edge of and not on an ulcer,
callus, scar or necrotic tissue. · Do not slide the filament across the skin or make
repetitive contact at the test site. · Ask the patient to respond with a yes
every time pressure is detected. · For the purposes of annual review: normal sensation =
detecting eight or more monofilaments or abnormal sensation = detecting seven
or fewer. NB any patient with a current
or previous foot ulcer, or amputation of any part of a foot, is already high
risk, irrespective of the presence or absence of neuropathy.
They try to narrow the "Diabetes Mellitus Without
Complication" only to the foot; which the statement to be true would also
include my full Diabetes Mellitus problems in my 25 year medical records in the
military and Veterans Hospital; the foot is one primary Nexus to Service
Connection injury and/or disease but I have many Complications from Diabetes
Mellitus as some actual Complication of Diabetes (Mellitus) are listed on
the American Diabetes Association Website,
such as:
Skin Complications
Eye Complications
Neuropathy, Foot Complications
Heart Disease, MI Complications
High Blood Pressure, Hypertension Complications
Mental Health Complications
Kidney Conditions Complications
Gastro Complications
It appears after Social Security ruled still disabled in
2014, Doctor Shepard set off to change this by my next review, by fabricated
false diagnoses, fabricating false evidence by using trickery. His nurse like
James wrote normal, but like Doctor Shepard, he did not go as far as to say I
smoked totally, but with an indirect implication with cover in this statement:
But, this note allowed Doctor Shepard to write:
Acting with Malicious Intent. Outrageous, one Doctor
wrote in 2015 "Diabetes Mellitus with No Complications" in my medical
records which is almost an "oxymoron." Only one complication, of
many, that is a pun, a filament test taken by many nurses and maybe a few
Doctors for foot Neuropathy for about 15 years is a complication of Diabetes
that has been abnormal when always taken, 10 years before this Doctor wrote
this. I had not looked at my medical records in a couple of years, did not
catch before this Doctor is now long gone. But, Asistores sees it, imports it
into her first Patients Notes with the false claim of smoking. But, the
filament test still existed for all these years that debunks this statement by
the long gone Doctor and Doctor Asistores. So, they have to get rid of the
filament test IN 2018. One of Asistores's Nurses does. She does not take the
filament test in the three times I saw her, but wrote the test away in the last
visit, by saying in 2018, she took the test and the foot is normal; meaning no
more Neuropathy "Complication of Diabetes Mellitus" that is a
degenerative disease and gets worse instead of better. Her malicious intent was
for her to close her notes as finished with the appointment and then open them
back up with an addendum, only for the purpose of writing a lie that she took
the test. The first appointment, she said she did foot exam, but I did not take
off my shoes, and she put nothing for filament test; second appointment, she
acknowledges that she did not do the filament test and placed no results; so
she knew there was a test. But, because it is a subjective opinion, they felt
it okay to write it away. The only problem, a short time later, a foot Nurse
actually took the filament test, it involves a pricking device, and wrote it
was as before, abnormal just after Doctor Asistores's Nurse tried to write,
"Diabetes Mellitus without Complications" which was always a lie in
my records. An MRI taken several months later showed signs in the reading, as
read, feet peripheral neuropathy history, as well, which another Doctor and his
Nurse have refused to scan the MRI, X-rays from another emergency room into the
VA records system; after his Nurse said she was having them scanned in April
2019. Again, "No Diabetes Mellitus with Complications" lie ongoing;
just hide the evidence; hiding the exculpatory evidence. Why would your Doctor
at a normal place not want anyone to see the most recent X-Ray and MRI>
Then, on a regional level, the only C & P exams they are willing to schedule
me for, the only two, are the "smoking" Dental and the "Diabetes
with no Complication" foot; as Asistores still shows as my Doctor as they
tell me no, you have a new Doctor at a new facility. If I recall correctly, the
only Doctor to ever put I was "Service Connected" in my medical
records in 2017 was Asistores on this first visit, but it was not to assist me,
in my opinion, it was a message to the other Doctors and Nurses, maybe in the
network, on what to do, and not to further question, who saw the false statement,
misdiagnosis, misdiagnosis. That prompted me filing for "Service
Connected" in 2019 to get to the bottom or top of this misconduct at the
VA, which my military medical records are full of Service Connections injuries
and diseases. I explain later how I think Doctor Asistores and the other
Doctors got the information about my military injuries or diseases way before I
had any idea of what was going on; to start writing the false/lies in medical
records of course. The ER Doctor determine in 2019 that my symptoms
were Sinusitis, and the ER Nurse tried to disprove Sinusitis and
inferred how uneducated I was; very nasty words used in my medical records when
she was wrong; it was in my Service Records. The Nurse contacted Doctor
Asistores or her Nurse the same day. She was one of the four, with Gouin, in a
row corrupting my medical records. So, I canceled or re-dated the rest of my
appointments from a few of the good Doctors and Nurse that I visited in the
past that had not written any false statement, misdiagnosis, misdiagnosis in my
records; yet. I finally canceled them so they would not have too. This was
coming from and covered from high above.
11/16/2018
Bannick-Mohrland, SU M.D. Duration of diabetes: 20 years, tingling and pain in
feet, currently being treated for foot infection of the right foot and sores on
both feet. Cause: wearing a new pair of shoes order put in by Dr. Olcott which
was entered a year ago and he developed blisters because they were to narrow.
States he had a test at UMC several months ago that showed his circulation in
his lower extremities was good. Focus exam: bandages, gait and balance using
crutches; right foot sensory exam using monofilament: absent; unable to palpate
due to edema; right foot skin exam color: erythema Turgor: 3+ edema; same signs
documented for left foot. The patient meets criteria for diabetic footwear.
Prosthetics order entered for the following diabetic footwear item: Diabetic
socks (6 pair). He was added to PAVE MDs schedule for today.
6/25/2006
Henrich, Rosemary C-FNP Monofilament Sensory Exam: Monofilament exam - right
foot. Abnormal only dorsal surface sensation. Monofilament exam - left foot.
Abnormal loss of sensation in some plantar surface areas. Will stress staying
away from meds metabolized in liver. Visual foot inspection: Findings: Skin
intact but has darkened brawny areas both feet. Patient was advised to do daily
foot checks, and advised that loss of sensation leads to callouses, skin
breakdown, ulcers, and then possible infections. Hepatomegaly - liver extends
mildly below RSB. Pedal Pulse. Dorsalis Pedis - bilateral completed. Weak but
palpable. The use of non/restrictive socks.
04/15/2014
Hutton, Steven Podiatry mild edema of the right ankle, circular ulceration on
the plantar distal tip of the digit measuring 12 x 9 mm. central sinus probing
6 mm in depth; however, no bone is palpated. Left foot shows mild pinch callus
beneath the 1st metatarsal head with no open ulceration. X-ray show an os
trigonum with calcaneal spurs both posteriorly and inferiorly. Underlying
osteomyelitis. A1C 7.6 random blood sugar 150.
06/14/2013
Hutton, Steven M.D. Treatment has consisted of switching to an open sandal and
application of mupirocin ointment to the ulcer sites daily. He is currently a
student at UNLV. He is a non-smoker. The left foot shows a small residual site
of ulceration beneath the 1st metatarsal head which is dry and nearly closed
with epithelium. This area measures 2 mm x 2 mm. Neurological exam: Semmes -
Weinstein filament testing is scored as 0/5 bilaterally. Dermatologic exam:
right hallux shows a shallow, circular ulceration at the distal tip. This
measures 7 mm x 5 mm in greatest dimension with no depth. Neuropathic
ulcerations, right hallux and left foot.
11/16/2018
Lal, Pratibha B PAVE VA, Foot Exam: Hypertrophic Nails, open ulcer over the
right toenail with the would measuring 0.8 x 1.5 cm pink and granular, right
first metatarsal head ulcer 1.1 x 0.7 cm pink and superficial, left medial foot
ulcer 1.5 cm x 1.5 cm, Monofilament diminished bilaterally, vascular clinic
hand held Doppler confirmed gilateral DP and PT (PAVE is Prevention of
Amputation in Patients Everywhere Program) Monofilament diminished bilaterally.
Allegation 9. Doctor Asistores.
The Agreement, then, that leads to the
fourth initial person in the original conspiracy in 2017; Asistores wrote false
statement, misdiagnosis, misdiagnosis with the plot of proving through
fabricating and planting false evidence about "Diabetes Mellitus without
Complications" in my medical records that I told her I started smoking and
importing the same document as Conspirator 2 into my appointment that stated,
"Diabetes Mellitus Without Complications." Doctor
Asistores used the word Service Connection Documents 9, 17 (November 17, 2017
"THIS IS A SERVICE CONNECTED VISIT: YES" [tooth dental and foot
diabetes ) Document 10, 11 (August 17, 2018 "THIS IS A SERVICE CONNECTED
VISIT: no" after several complaints I wrote and requested a change of Doctor)
Document 12 ( November 16, 2018 "THIS IS A SERVICE CONNECTED VISIT:
YES" foot diabetes (23 8/17/2018) visit and she found out she would
continue to be my Doctor). This put back in my medical records as a secret code
directing other Doctors and Nurses to enter false statement, misdiagnosis,
misdiagnosis adverse to disability law, to stop compensation, rating, billing,
and Service Connection, as many did. My second request for a new Doctor was
March 1, 2019 (Document 13). Medication other Doctors would provide for foot infection,
Asistores would not look at the foot/leg to prescribe a simple topical
anti-biotic on 1/17/2019 (Document 18). This long conversation she made up we
had about smoking; when I have, lifetime, never smoked (Document 19, 20, 21).
Social Security Review November 2017 - September 18, 2018 (Document 24)
"will not review case. 8/16/2018 medical records from Social Security
Review returned (Document 24B, 25B) "8. We are unable to process
information without a claim number." The Las Vegas VA Records sent medical
records with no Full Social Security number. All Documents for review must have
a full claim number, Social Security, to be processed. I know this. They know
this. Wilkes-Barre Direct Operations Center (Document 25). 8/17/2018, After the
Social Security Review was over and the medical records returned without being
reviewed, Asistores retracted her fabricated false information adverse to
disability law, Service Connection about smoking (Document 23). These acts go
to malicious intent. I have no trace of opiates in my system 11/06/2017 because
I take so little dosage of Tramadol. Under Asistores someone at Social Security
Review seemed to be cooperating with the network as was the start of my Service
Connected Review, Department of Veteran Affairs, Wisconsin Intake Center when
they sent me several corrupted smudged out release of information forms
(Document 26). My first Service Connected exams, Dental (Document 27, 30) and
foot (31, 32) matched what Asistores was trying to disprove, so other
Departments at the Intake Center was cooperating with Asistores Network. Work
Disability Certifications (Document 28A, 28B, 29, 49, 50, 51, 52). I was under
Asistores, when she worked with Sunrise Hospital to deny my 2/16/2019 billing
payment as non-emergent (Document 33). Under Doctor Asistores, UMC Ultrasound
found nothing because they failed to order a critical test, but VA Ultrasound
found problems when under another Doctor ordered the right test (Document 42,
48A, 79, 80). Military Dental Records Service Connection (81, 82, 83, 84). 2015
Dental Records (Document 85). Air Force Medical Records pages 125 - 158).
11/15/2018
Olcott and Asistores in a prosthetic request wrote or signed off they had full
knowledge the imported statement from Shephard was false, but this document
does not get sent to Reviews, wrote, "Type 2 Diabetes Mellitus with
Diabetic Neuropathy Unspecified (ICD-10-CM E11.40). (Document).
Under the Veterans Claims Assistance Act (VCAA),
when VA receives a complete or substantially complete application for benefits,
it must notify the claimant of the information and evidence not of record that
is necessary to substantiate the claim, including apprising him of the
information and evidence VA will obtain versus the information and evidence he
is expected to provide. 38 C.F.R. § 3.159
(2015). Retrieved from: https://www.va.gov/vetapp07/files1/0700871.txt
The Veterans Claims Assistance Act of 2000 (VCAA)
and implementing regulations impose obligations on VA to provide claimants with
notice and assistance. 38 U.S.C.A. §§ 5102, 5103, 5103A, 5107 (West
2014); 38 C.F.R. Retrieved from: https://www.va.gov/vetapp15/Files4/1529414.txt
The Board notes that under Johnson v. McDonald, 762 F.3d 1362 (Fed. Cir. 2014), a Veteran may be awarded an extra scheduler rating based upon the combined effect of multiple conditions in an exceptional circumstance where the evaluation of the individual conditions fails to capture all the service-connected disabilities experienced. Retrieved from: https://casetext.com/case/johnson-v-mcdonald-3
The Board notes that under Johnson v. McDonald, 762 F.3d 1362 (Fed. Cir. 2014), a Veteran may be awarded an extra scheduler rating based upon the combined effect of multiple conditions in an exceptional circumstance where the evaluation of the individual conditions fails to capture all the service-connected disabilities experienced. Retrieved from: https://casetext.com/case/johnson-v-mcdonald-3
See 38 C.F.R. § 19.9 (2015). VA has a duty
to make reasonable efforts to assist a claimant in obtaining evidence necessary
to substantiate the claims for the benefits sought, unless no reasonable
possibility exists that such assistance would aid in substantiating the
claims. 38 U.S.C.A. § 5103A(a) (West 2014); 38 C.F.R. § 3.159(c), (d)
(2015). Retrieved from: /WST.aspx
Allegation
10. Priya Sundaram, Do, Radiologist
X-ray Reader March 1, 2019 at VA. No soft tissue injury. (Document
34, 35, 37), in my opinion, is inconsistent with findings by Sunrise Hospital
Radiologist Readers and Pictures of Foot (53, 53A, 53B, 53C, 53D, 53E, 53F,
53G, 53H, 53I, 53J) on Soft Tissue abnormalities of the right foot or toes
(Documents on Abnormalities 36, 38, 39, 43, 44, 45, 46, 47, 48A, 60A, 60B, 61,
62, 63, 64, 65, 66, 67) before and after the reading by Sundaram. It is my
belief that the last X-ray at the VA, the person that read it, tried to
disprove a lot of soft tissue problems that I currently had, when MRIs
generally read soft tissue problems, and X-rays do not give good readings on
soft tissue which his reading went in great detail, maybe fudged though
omission of fact about x-rays and readings, saying no soft tissue injury. A
true statement can be a lie with the omission of facts. I took pictures of my
feet problems.
3-28-2019
MRI Sunrise Hospital 3186 S. Maryland PKWY, Las Vegas NV, 89109 Focal swelling
and wound involving the distal second toe. Chronic bone erosion with bone loss
in the distal phalanx of the second toe. No acute erosion or bone marrow edema
to indicate acute osteomyelitis. Diffuse cellulitis with soft tissue edema in
both forefoot and hind foot. Diffuse muscular atrophy with fatty replacement
characteristic of chronic neuropathy. Chronic degenerative changes in the great
toe.
Forefoot
findings: There is a chronic appearing soft tissue wound in the distal tip of
the second toe with adjacent soft tissue edema and hyper enhancement. Chronic
degenerative changes in the interphalangeal and metatarsophalangeal joints of
the great toe.
Hind
foot findings: There is diffuse subcutaneous soft tissue edema in the hindfoot.
There is plantar fasciitis with thickening of the central cord of the plantar
fascia and mild adjacent hyperintense edema. There is muscular atrophy with
fatty infiltration.
2-16-2019
X-ray Sunrise Hospital 3186 S. Maryland PKWY, Las Vegas NV, 89109 chronic
erosion of the second right toe distal phalanx with pencil tip appearance and
bony sclerosis. Chronic osteomyelitis and healed osteomyelitis are considered.
Moderate to severe degenerative changes of the great toe IP joint. Subacute to
chronic ununited intra-articular fracture at the medial base of the right great
toe proximal phalanx, best demonstrated on the AP view. Mild degenerative
changes of the first MTP joint. Mild to moderate productive changes at the
midfoot and hindfoot. Regional soft tissue swelling, greatest about the second
toe.
3-28-2019
X-ray MRI Sunrise Hospital 3186 S. Maryland PKWY, Las Vegas NV, 89109
Comparison 2-16-2019 X-ray No visible acute abnormality. No change from prior
exam [X-ray is the same as prior exam]. Impression: Diffuse decreased joint
space at the interphangeal joint first digit. History: male right foot pain and
swelling.
It is my belief that the last X-ray at the VA,
the person that read it, tried to disprove a lot of soft tissue problems that I
currently had, when MRIs generally read soft tissue problems, and X-rays do not
give good readings on soft tissue which his reading went in great detail, maybe
fudged though omission of fact about x-rays and readings, saying no soft tissue
injury. A true statement can be a lie with the omission of facts. I took pictures
of my feet problems. On the same visit, it took several hours, I nodded off,
the blood work Nurse came in, I gave her my arm, closed my eyes back, and when
she finished and had left, I looked on the table and a vial of my blood still
lay there. I thought that strange. I nodded back off, and woke up when a Doctor
told me I had Cellulitis in my toe and the blood vial was gone. There was a lot
lies, fabricated false statement, misdiagnosis, misdiagnosis, planted
fabricated false evidence, in my medical records. I always wondered about that
missing blood vial; or at least the blood vial the Nurse missed. If Jesus rose
from the dead with his foot problems; then I would be okay too. Try walking in
my shoes. The MRI and my 15 years of radiology, X-rays and MRIs and Doctor
Diagnosis say something much different; more consistent with my feet injuries
in the military. His X-ray much like the filament test was to prove the lie
"Diabetes Mellitus with No Complications."
They tried to narrow the "Diabetes Mellitus Without Complication" only to the foot; which the statement to be true would also include my full Diabetes Mellitus problems in my 25 year medical records in the military and Veterans Hospital; the foot is one primary Nexus to Service Connection injury and/or disease but I have many Complications from Diabetes Mellitus as some actual Complication of Diabetes (Mellitus) are listed on the American Diabetes Association Website, such as:
Skin Complications
Eye Complications
Neuropathy, Foot Complications
Heart Disease, MI Complications
High Blood Pressure, Hypertension Complications
Mental Health Complications
Kidney Conditions Complications
Gastro Complications
For me the litmus test to allege that a mistake is intentional with intent to cause an adverse effect on my disability reviews is, can the mistake be linked to adversely affecting a disability law? A typo, or repeat word, or a voice reader mistake does not meet the litmus test in my opinion.
Thus, "Diabetes Mellitus with No
Complications" could have been a voice error reader that meant to say with
Complications; he did write that Alibi at the end of a visit, but
Doctor Asistores importing the statement into my first appointment was no typo,
repeat word, nor voice reader mistake, it was intentional with malicious intent
to cause an adverse effect; when fruition.
In 2019, the four initial people in the conspiracy work had
evolved to lie about "Diabetes Mellitus without Complications." March
2019, I requested a new Doctor and I wrote on the request document; that the
Doctor Asistores is connecting many people to corruption; she stopped signing
documents sent her by Nurses mainly in the medical records; the paper trail she
was leaving in the medical records, she was not taking part in any more; that
is, from the medical records.
In
2014, Myron Lathan was the director of the VA Records Department. I was told at
the northeast Clinic, that Doctor Sarazan was over interns, and Miley Sheth was
one of his interns, was assigned to be my doctor with Doctor Kaiser, head
doctor for the primary care wing, over-seeing and cosigning, signing off, her
work. I think Doctor Okechukwu was also assigned to that clinic. The clinic was
changing to serve mostly homeless but still a primary care unit, but many of
the patients were moving to the VA Hospital new primary care unit to free up
room for homeless and CBOC at that facility. Doctor Sheppard was assigned to me
after my surgery for observation, as he was moving to the VA Hospital new
primary care. From my understanding he said he was teaching interns now.
07/05/2018, I talked to the staff at VA Hospital new primary care and this is
how they explained it: Doctor Okechukwu is now head doctor for the primary care
wing at VA Hospital, Doctor Sarazan is more of an administrator who fills in if
needed over Doctor Okechukwu or when emergencies come up.
My Belief of The Motive in My
Case
It is my belief, Doctors, and Nurses attempt to stop compensation and rating for military injury and disease through fraud. In my opinion, the military foot injury and disease showed symptoms of Diabetes, injury, disease, in the military medical records, while in the Military, creating a Nexus to Medical connected to today's condition of a foot injury, disease, Diabetes. The Diabetes, injury, disease, Nexus is in the foot, so the secondary complication of Diabetes, injury, disease, and the Diabetes, injury, disease, Secondary's Complications may be Nexus to the foot injury and foot disease from the military. They attempted, attempting, to do the same with other Service Connected Injuries, illness, and diseases, which such acts are contrary to U.S.C.A. AND C.F.R. Codes and Regulations on Issues.
It is my belief, Doctors, and Nurses attempt to stop compensation and rating for military injury and disease through fraud. In my opinion, the military foot injury and disease showed symptoms of Diabetes, injury, disease, in the military medical records, while in the Military, creating a Nexus to Medical connected to today's condition of a foot injury, disease, Diabetes. The Diabetes, injury, disease, Nexus is in the foot, so the secondary complication of Diabetes, injury, disease, and the Diabetes, injury, disease, Secondary's Complications may be Nexus to the foot injury and foot disease from the military. They attempted, attempting, to do the same with other Service Connected Injuries, illness, and diseases, which such acts are contrary to U.S.C.A. AND C.F.R. Codes and Regulations on Issues.
Today,
almost twenty years later, when "insufficient
evidence" started a cover-up, one nurse working under Doctor
Asistores wrote in my medical records, that I walked/ambulated with a cane
which I have not in Twenty-five years at any Veteran's Hospital or facility
walked with a cane and a Nurse, while I am under Doctor Asistores, Nurse Goiun
wrote I rode/ambulated a scooter to her appointment, which I have never ridden
a motorized scooter, anywhere; all-in-all, in a legal evidence matter, this is
an attempt to frame me for disability fraud to cover-up Doctor and Nurse
illegal activity calling it typos which I think is medical malpractice. If I
was not disabled for twenty years, limited to certain work, not substantial or
sustainable, they would not have to write lies in my medical records and maybe
many other veterans records; 500,000 claims denied, if like mine, have a lot to
do with Doctors under the watch of Congress writing away Veterans benefits with
false statement, misdiagnosis, misdiagnosis adverse to benefits. The Records
Department was deceptive in not addressing the Scooter as was Goiun in a
request to remove it. It was never removed from the records nor 'the scooter
lie" addressed, only the ambulating which after doing research are two
totally different issues. The more complaints you file, the more you see. At
one point in 2019, like four in a row, every Doctor or Nurse began to distort
the record, one wrote the wrong limb was swollen, an eye doctor didn't tell me
about far vision problems and said I did not care about far vision problems,
left instead of right, it does not matter. Now, what if a surgeon cut off the
wrong limb because of writing the wrong limb. What if I have an accident
because of the Eye Doctors misconduct? I think she said that I was
"happy" with the problem. But, this was under Doctor Asistores and
past Primary Care Doctors that were involved in this medical malpractice act of
trying to stop Veteran, I say multiple, Veterans long before they filed for any
benefits by corrupting the medical records in advance; as if they should have a
stake in doing so? Higher Salaries? Maybe bonuses? Maybe if they are in the
network, a guarantee not to be fired and a pension awaits? They protect their
benefits, but the Veteran is not worthy of such protections, not even under the
law? They voted VA as the 6th best place in the Country to work; but they built
a Veteran's library at the New VA, computers, copiers, medical books to read
about your illness, and then banned Veterans who were using it; from using it.
It was for the Nurses only. Now. They love their jobs and the New VA facility.
It was built for them? But, it allows you to understand the demeanor,
disability discrimination, harassment, coercion, and other malicious
misconduct, of some employees at the Las Vegas VA against a Veteran (s). I can
offer these employee's conduct as evidence demonstrating some of the other
Doctors and Nurses included in this writing intent when writing false
statement, misdiagnosis, misdiagnosis in my medical records amongst many
wrongful things. In my opinion, the false statement, misdiagnosis, misdiagnosis
and actions by these individuals should be excluded evidence in any form they
appear in decisions making on compensation, rating, disability review, medical
diagnosis, or any court decision regarding such, because they are meant to, and
may, cause prejudice and misdiagnosis; with very little probative value or
relevance in making such important decision in medicine; no weight should be
given to such malicious intent of these statement put in my medical
records.
Regardless if no propensity evidence, Federal Rules of Evidence, 404 of prior acts from other cases, and even if excellent character claimed from some of these Doctors and Nurses, I believe the admissible evidence shows motive, opportunity, preparation, intent, plan, knowledge, identity, absence of mistake, lack of accident, and a final fruition of such acts. (P. 157, Fisher).
P. 313, Evidence, Third Edition, George Fisher wrote, "evidence tending to show a witness's bias, prejudice, or motive to lie is so significant that it is not considered a mere collateral matter but is deemed exculpatory evidence that may be established my extrinsic proof as well as by impeachment through cross-examination."
Regardless if no propensity evidence, Federal Rules of Evidence, 404 of prior acts from other cases, and even if excellent character claimed from some of these Doctors and Nurses, I believe the admissible evidence shows motive, opportunity, preparation, intent, plan, knowledge, identity, absence of mistake, lack of accident, and a final fruition of such acts. (P. 157, Fisher).
P. 313, Evidence, Third Edition, George Fisher wrote, "evidence tending to show a witness's bias, prejudice, or motive to lie is so significant that it is not considered a mere collateral matter but is deemed exculpatory evidence that may be established my extrinsic proof as well as by impeachment through cross-examination."
"Fraud
definition, deceit,
trickery, sharp practice, or breach of confidence, perpetrated for profit or to
gain some unfair or dishonest advantage" https://www.dictionary.com/browse/fraud
In the note below, Sheryll Paige-Williams is Doctor Garcia’s
Nurse and at the appointment she was acting like his Nurse. But, in this note
that Doctor Garcia signs because she is his Nurse she writes, “Veteran advised
to contact their primary care team” as she is not my team. She never mention
the 43 documents. She said I would meet with Doctor Garcia before I showed her
the documents on my ankle. I took the bandages off the right foot to make sure
she saw the condition of my leg and foot. She left the room saying the computer
did not work right and came back with a different story that I would not meet
with the Doctor. In my opinion, he did not want the evidence, blocked the
evidence, like Monday’s fax service blocked by Central Processing Office, busy,
and ebenefits.va.gov blocked by someone. I reported to the emergency room on
April 26, 2019. My condition was rated as a level three and needed further
treatment with maybe Zosyn.
. Priya Sundaram, Do, Radiologist X-ray Reader
March 1, 2019 at VA. No soft tissue injury. (Document
34, 35, 37), in my opinion, is inconsistent with findings by Sunrise Hospital
Radiologist Readers and Pictures of Foot before and after the reading by
Sundaram. It is my belief that the last X-ray at the VA, the person that read
it, tried to disprove a lot of soft tissue problems that I currently had, when
MRIs generally read soft tissue problems, and X-rays do not give good readings
on soft tissue which his reading went in great detail, maybe fudged though
omission of fact about x-rays and readings, saying no soft tissue injury. A
true statement can be a lie with the omission of facts. I took pictures of my
feet problems.
3-28-2019
MRI Sunrise Hospital 3186 S. Maryland PKWY, Las Vegas NV, 89109 Focal swelling
and wound involving the distal second toe. Chronic bone erosion with bone loss
in the distal phalanx of the second toe. No acute erosion or bone marrow edema
to indicate acute osteomyelitis. Diffuse cellulitis with soft tissue edema in
both forefoot and hindfoot. Diffuse muscular atrophy with fatty replacement
characteristic of chronic neuropathy. Chronic degenerative changes in the great
toe.
Forefoot
findings: There is a chronic appearing soft tissue wound in the distal tip of
the second toe with adjacent soft tissue edema and hyper enhancement. Chronic
degenerative changes in the interphalangeal and metatarsophaliangeal joints of
the great toe.
Hindfoot
findings: There is diffuse subcutaneous soft tissue edema in the hindfoot.
There is plantar fasciitis with thickening of the central cord of the plantar
fascia and mild adjacent hyperintense edema. There is muscular atrophy with
fatty infiltration.
2-16-2019
X-ray Sunrise Hospital 3186 S. Maryland PKWY, Las Vegas NV, 89109 chronic
erosion of the second right toe distal phalanx with pencil tip appearance and
bony sclerosis. Chronic osteomyelitis and healed osteomyelitis are considered .
Moderate to severe degenerative changes of the great toe IP joint. Subacute to
chronic ununited intra-articular fracture at the medial base of the right great
toe proximal phalanx, best demonstrated on the AP view. Mild degenerative
changes of the first MTP joint. Mild to moderate productive changes at the
midfoot and hindfoot. Regional soft tissue swelling, greatest about the second
toe.
3-28-2019
X-ray MRI Sunrise Hospital 3186 S. Maryland PKWY, Las Vegas NV, 89109
Comparison 2-16-2019 X-ray No visible acute abnormality. No change from prior
exam [X-ray is the same as prior exam]. Impression: Diffuse decreased joint
space at the interphangeal joint first digit. History: male right foot pain and
swelling.
Additional Evidence
Block Quote
Retrieved from: https://www.nbcnews.com/news/veterans/court-rules-va-must-pay-veterans-emergency-room-care-decision-n1052131
"Sept. 10,
2019, 4:00 PM PDT by Courtney Kube, Mosheh Gains and Adiel Kaplan
WASHINGTON — The
Department of Veterans Affairs must reimburse veterans for emergency medical
care at non-VA facilities, a federal appeals court ruled Monday — a decision
that could be worth billions of dollars to veterans.
The U.S. Court of
Appeals for Veterans Claims said the VA has been wrongfully denying
reimbursement to veterans who sought emergency medical care at non-VA
facilities, and struck down an internal VA regulation that blocked those
payments.
"All of this
is unacceptable," said the ruling, which ordered the VA secretary to
"readjudicate these reimbursement claims."
Plaintiffs' lawyers
say that based on past estimates by the VA, the department is now on the hook
for between $1.8 billion and $6.5 billion in reimbursements to hundreds of
thousands of veterans who have filed or will file claims between 2016 and 2025.
Aug. 16, 201900:27
Former Coast Guardsman Amanda Wolfe, one of the plaintiffs in the case, told
NBC News on Tuesday, "I’m just overjoyed. I think it means change, it
means that veterans don’t have to be afraid of receiving care, emergency care.
They can have that sense of security that sense of peace knowing they are
covered if they have emergency care." “I served side by side with some of
these veterans who were impacted and to think that this is going to make a
difference for them is what is most important to me." In 2015, the court
struck down a previous version of the internal VA regulation that refused any
coverage for an emergency claim when another form of insurance covered even a
small part of the bill. The court said the regulation violated a 2010 federal
law. Hard-won victory In September 2016, Wolfe went to the emergency room
because her appendix was about to burst. After a speedy recovery, she figured
she was all set — she had two kinds of insurance, a private plan she paid for
and her Veterans Affairs benefits.
The VA's Office of
Inspector General released a report in August confirming Walz's suspicions,
finding the VA had improperly processed 31 percent of claims filed by veterans
for non-VA emergency services and the amount of incorrect claims denied April 1
through Sept. 30, 2017 -- estimated at $53.3 million -- represented
"potential undue financial risk" for roughly 17,400 veterans. The
August report found that in just one recent six-month period, the VA left
roughly 17,400 veterans to pay out-of-pocket for $53 million in emergency
medical treatment the government should have covered.
What is causing these cost against me and other Veterans, and maybe
Disabled Americans? Your underlying causes not correct? Medicare for all, but
the Insurer and Doctor just won't bill Medicare, through writing misdiagnosis
for patient and billing wrong insurers as in my case and many others to run the
clock out on filing a timely claim!
1) Block quote
retrieved from: https://www.rollcall.com/news/congress/chairmen-announce-tentative-deal-ban-surprise-medical-bills
"Behind the
scenes, lobbyists for doctors, hospitals, air ambulances, insurers and large
employer groups have been making the rounds on Capitol Hill. The bonanza for
lobbyists and media consultants demonstrates the deep pockets of the health
care industry, and the intense interest it takes in even relatively small
policy changes.
Reported,
TeamHealth said in a letter to several senators that it now rarely sends
surprise bills, but it did use the threat of out-of-network billing to
negotiate higher prices from insurance companies.
The deal struck by
the two committees — the House Energy and Commerce Committee and the Senate
Committee on Health, Education, Labor and Pensions.
Up to one in five emergency
room visits may result in a surprise bill, but research suggests that the
problem is concentrated in a small number of hospitals that contract with
physicians who fail to mirror their insurance arrangements. Envision and
TeamHealth, the principal companies behind the advertising blitz, have employed
out-of-network billing as a broad business practice, a study by Yale professors
suggests. As Axios has reported, TeamHealth said in a letter to several
senators that it now rarely sends surprise bills, but it did use the threat of
out-of-network billing to negotiate higher prices from insurance companies.
Surprise bills can
run into the thousands of dollars, representing shocks to patients who expect
their care to be covered. The issue has emerged as a major consumer concern,
popping up in public polling as a top health care worry and a priority for
government action.
Passage of the bill
is still not guaranteed, but the bipartisan agreement substantially increases
the likelihood that the legislation will move this year, most likely as part of
a large government funding package expected to pass before a Dec. 20 deadline.
The Congressional Budget Office has said that the approach in the deal will
save the government money, making it a helpful piece to help offset other
priorities.
The deal struck by
the two committees shares key features with a bill the Energy and Commerce
Committee passed this summer. Doctors who provide care that is out-of-network
for a patient’s insurance will automatically be paid the median price of
in-network doctors in the area. For certain large claims, doctors will be
allowed to appeal to an outside arbitrator for reconsideration. A similar
process would also apply to hospitals that treat patients in medical
emergencies, and to air ambulances (the helicopters and planes that transport
patients from remote areas to major hospitals). Private equity is also highly
invested in the air ambulance industry."
2) Block Quote
Retrieve from: http://www.softpanorama.org/Skeptics/Health/Medical_industrial_complex/medical_bill_maze.shtml
Standard practice
for insurers is to negotiate with providers to pay merely a fraction of the
cost. In the case of inpatient hospital bills, for example, a NerdWallet study
found Medicare negotiates, on average, a 73% discount. {The VA does similar, so
Teamhealth is the mechanism used to make Veterans and maybe some disabled on
Social Security Medicare pay the bills instead of accepting the discount. The
Doctors receive the money are represented by Teamhealth incentivizing the
Doctors into misconduct to assist the insurer, VA and Teamhealth, as two
examples.)
3) Block Quote
Retrieve from: https://www.axios.com/teamhealth-sent-thousands-of-surprise-medical-bills-in-2017-cb405e14-7ef5-4a0b-98b5-fff37334093f.html
Caitlin Owens Dec 5, 2019
"Physician
staffing firm TeamHealth sent thousands of surprise medical bills to patients
in 2017, a strategy used to obtain higher payment rates from insurers,
according to a letter from the company sent to a group of senators in March,
which was obtained by Axios.
Why it matters:
These bills can be unaffordable for the small portion of TeamHealth's patients
who receive them, and the subsequently high in-network rates raise premiums for
everyone.
In the same letter,
Murphy said TeamHealth provides emergency care to 16 million patients a year,
and 26% of its patients have commercial insurance.
It collects
significantly less from Medicaid beneficiaries and uninsured patients, which
collectively make up about half of its patient volume.
Yes, but:
TeamHealth says it no longer practices balance billing.
"TeamHealth
has a longstanding policy against balance billing... To the extent balance
billing occurs from a TeamHealth facility, it is rare and unintended,"
Blackstone's Wayne Berman, head of global government affairs, wrote in a letter
to the Energy and Commerce Committee in October.
Blackstone acquired
TeamHealth in 2017."
4) https://www.vox.com/2019/5/9/18551274/trump-surprise-medical-bills-congress There are at least three ways Congress could
outlaw surprise bills... (But, does this article really know what is going on
with Doctors, Insurers behind closed doors with patient billing?)
How large is the incentive for Doctors to participate in this scheme?
Those that participate misdiagnose to disqualify patient from receiving
payments from medicare and VA; as well as service connection ratings.
Block quotes,
graphs, screen shots, and information retrieved from https://www.va.gov/oig/pubs/VAOIG-18-00469-150.pdf
Prior to
2019, VA paid some of my bills under the Mill Bill. I still qualify for those
payments.
(In 2019 No bills
have been paid by VA, one denied that i will appeal and 2013 - 2019 no bills
properly billed to Medicare; so no bills have been paid by Medicare.)
Block Quote: https://www.tampa.va.gov/patients/emergency-care.asp
“Emergency Care in Non-VA Facilities
If you are having a medical emergency, you should immediately seek
care at the nearest medical facility.
Please go to https://www.va.gov/COMMUNITYCARE/programs/veterans/emergency_care.asp
for more information on procedures and notification requirements.
In 2001, the U.S. Congress provided VA with authorization (called the
Mill Bill) to pay for emergency care in non-VA facilities for veterans enrolled
in the VA health care system. The benefit will pay for emergency care rendered
for non-service-connected conditions for enrolled veterans who have no other
source of payment for the care. However, VA will only pay to the point of
medical stability. There are very strict guidelines concerning these types of
claims. Veterans and their non-VA providers should be aware that these claims
must be filed with the VA within 90 days from the last day of the emergent
care.
How do I qualify?
This benefit is a safety net for enrolled veterans who have no other
means of paying a private facility emergency bill. If another health insurance
provider pays all or part of a bill, VA cannot provide any reimbursement.
Veterans who retired from the U.S. military are covered by TRICARE/CHAMPUS
insurance and cannot file a Mill Bill claim. To qualify, you must meet all of
these criteria:
You were provided care in a hospital emergency department or similar
facility providing emergency care.
You are enrolled in the VA Health Care System.
You have been provided care by a VA health care provider within the
last 24 months (excludes C & P, Agent Orange, Ionized Radiation and Persian
Gulf exams).
You are financially liable to the provider of the emergency treatment
for that treatment.
You have no other form of health care insurance.
You do not have coverage under Medicare, Medicaid, or a state program.
You do not have coverage under any other VA programs.
You have no other contractual or legal recourse against a third party
(such as a Workman’s Comp Claim or a Motor Vehicle Accident) that will pay all
or part of the bill.
Department of Veterans Affairs or other federal facilities were not
feasibly available at time of the emergency.
The care must have been rendered in a medical emergency of such nature
that a prudent layperson would have reasonably expected that delay in seeking
immediate medical attention would have been hazardous to life or health.
Should I cancel my current insurance to meet these requirements?
VA encourages you to keep all current health insurance coverage. If
you cancel your current insurance, your spouse may not retain health insurance
coverage and spouses of veterans generally do not qualify for VA health care.
Cancellation of current insurance coverage could result in you being
disqualified for reinstatement based upon any pre-existing illnesses. If you
are covered by Medicare Part B and you cancel it, it cannot be reinstated until
January of the next year. If you are covered by a program or plan that would
pay for the emergency care received, you would not qualify for this benefit.
What is the timeline to file?
Veterans have a responsibility to ensure that the VA is notified
immediately upon any hospital admission. The Community Care Customer Service
can be reached at 813-903-4275. Claims
must be filed with the nearest VA Medical facility to where the services were
rendered within 90 days of the discharge date of medical service; otherwise,
the claim will be denied because it was not filed in a timely manner.
What type of emergency services will VA cover?
VA will reimburse health care providers for all medical services
necessary to stabilize your condition up to the point you can be transferred to
an approved VA health care facility or other federal facility.
What about pharmacy items?
The VA’s authority for reimbursement of pharmacy items to veterans
from non-VA providers follows a strict set of guidelines. The veteran must be
actively enrolled in a Fee Basis Program; the pharmacy item must be considered
as urgent or emergent by the initiating physician; the pharmacy item cannot be
reimbursed past a 10 day supply; and the prescription and receipts must be
turned in to the Fee Basis Unit. The reimbursement is based upon the U.S.
Government’s Red Book cost and no taxes can be reimbursed. For answers to questions, call 813-903-4275,
option 1.
Do I need to get approval before going to the emergency room?
No. If you are an eligible veteran, and a VA facility is not feasibly
available when you believe your health or life is in immediate danger, report
directly to the closest emergency room. If hospitalization is required, you,
your representative or the treating facility should contact the nearest VA
within 24 hours to arrange a transfer to VA care. Alternatively, the James A. Haley Veterans' Haley
Hospital Community Care Customer Service can be contacted at 813-903-4375,
option 2.
How long will I stay in the private hospital?
If you are hospitalized, and the VA is notified, the VA will be in
regular contact with your physician at the private hospital. As soon as your
condition stabilizes, the VA will assist the private facility with arrangements
to transport you to a VA, or VA-designated facility.
What if I do not wish to leave the private facility?
VA will pay for your emergency care services only until your condition
is stabilized. If you stay beyond that point, you will assume full
responsibility for the payment of costs associated with treatment.
Will I have to pay for my ambulance bill to the non-VA facility?
If the VA accepts responsibility for the emergency room visit and/or
admission, the ambulance will be paid from the scene of the incident to the
first non-VA facility providing necessary care.
Will I have to pay for an ambulance from the non-VA facility to a VA
facility?
Yes. The VA is only authorized to pay for an ambulance to go from the
scene of the incident to the first non-VA facility providing necessary care.
Ambulance bills are considered unauthorized claims, and must be submitted to
the VA in a timely manner.
What if the private hospital bills me for services?
If you are billed for emergency care services, contact the James A.
Haley Veterans’ Hospital Customer Care Service at 813-903-4275, option 1, and a
representative will assist you in resolving the issue. Under the law, payment
from the VA is considered as “payment in full” for the dates authorized.
What documents are required by VA to process claims for emergency care
in non-VA facilities?
The following page contains a list of documents necessary for the VA
to process claims for emergency care in non-VA facilities. Remember, there is a
90-day deadline to file a Mill Bill Claim once you have been discharged from
the Emergency Room/Hospital. Please submit all of the documents as a packet to
the James A. Haley Veterans’ Hospital Fee Basis Office. The mailing address is:
James A. Haley Veterans’ Hospital, Attention Fee Basis, 13000 Bruce B. Downs
Blvd, Tampa, FL 33612.
What documents to I need to provide to VA to pay for my emergency care
in a non-VA facility?
Here is a checklist of all the documents you will need to provide to
the VA in order for your claim to be processed: Check List (PDF)”