Posted on May 9, 2020
Can the VA refuse to treat a 100% service-connected veteran citing their case as "too complex," and also refuse to outsource them for care?
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I have a pretty 'complicated' medical case but the VA continues to refuse at times to even consult with me despite internal VA referrals for the consults. They also refuse to refer me to anyone who possibly CAN help-- or the Mission Act options don't have any providers for the care needed within hours of me. Then they refuse to cover many of the meds that outside specialists suggest, costing me >$3,000 per year out-of-pocket. Is this OK at any level and would anyone have any suggestions for how to get the needed care? This way preceeded COVID-19 issues but continues despite it. I've been told the doctors won't even agree to a telehealth or video health consult at the VA across a few departments and programs. I'd already involved a senator's office a few years back and have made almost no progress. Help, please?
Posted 5 y ago
Responses: 430
Hi Lisa,
If you are 100% service-connected, you can not be refused service, you are considered in top category when it comes to treatment. However, if they are unable to treat you, for health sake, I would try another VA Location. Be mindful that VA hospitals are not all alike, and you maybe signing your life over to a VA Doctor that has not had their morning coffee, and take it out on someone such as yourself, trust me, I've been in that category before, and had to report the incident to the VA Director prior to her reassignment to another location. I went to my outside doctor and got a clear diagnosis and proper treatment on top of it. I say this to say, be careful when it comes to your health.
Hopefully, your not far away from another VA Hospital where you can get better treatment. If your not getting proper treatment, the attending doctor's are suppose to out-source your care. Don't let them tell you other. You can be out-sourced if they are not able to treat you. I wish you all the best. If all others fail continue to pounce on your Congressman's door. That's what they are there for, don't give up... All the best.
If you are 100% service-connected, you can not be refused service, you are considered in top category when it comes to treatment. However, if they are unable to treat you, for health sake, I would try another VA Location. Be mindful that VA hospitals are not all alike, and you maybe signing your life over to a VA Doctor that has not had their morning coffee, and take it out on someone such as yourself, trust me, I've been in that category before, and had to report the incident to the VA Director prior to her reassignment to another location. I went to my outside doctor and got a clear diagnosis and proper treatment on top of it. I say this to say, be careful when it comes to your health.
Hopefully, your not far away from another VA Hospital where you can get better treatment. If your not getting proper treatment, the attending doctor's are suppose to out-source your care. Don't let them tell you other. You can be out-sourced if they are not able to treat you. I wish you all the best. If all others fail continue to pounce on your Congressman's door. That's what they are there for, don't give up... All the best.
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SSgt Lisa J. Markland
SGT Lenise Hamilton - Thanks for that advice. I did an on-camera ABC News interview a few years back on some of this and they said they'd be doing a more in-depth interview once they got the FOIA info back from the VA. I kept on top of it for years but never got another reply. I then reached out to NBC and also Bloomberg (my neighbor and friend is a radio commentator for Bloomberg SXM and FM) but no luck. I must have written about a dozen times trying to push if nothing else to raise awareness of how pervasive these issues are throughout the system-- as well as a bunch of other stuff I had ample documentation about I'd collected over many years that I hadn't seen reported on, locally or nationally (I'm a confessed news junkie, at least pre-COVID). I think the current political infighting and the coronavirus both would interfere at this point, but I'm someone who never gives up and sure puts up a fight. (I must be a veteran!) Thanks again!
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TSgt James Warfield
Yes so true, I was went to the VA Hospital back in early 2004, in Birmingham, Alabama, I thought I was having a heart attack, I had to wait over an hour as intake was having their lunch, before I could even go to their emergency room. It wasn't until what I believe to be one the leaders who entered the area, and ask the two women in the back did they know a person was waiting out their on them, they acknowledge they did, she must had said something else to them because they came out of the back got me signed in and over the emergency room. However that was not the end of their very poor service. After the emergency room saw me and decided I wasn't having a heart attack and so the sent me to their wellness clinic, once again I stood there for about 20 plus minutes while the intake people were having a conversation with their backs to me, no even looking to see if I was standing there. Once they did notice me and did the paper work, I was called back, checked out by nurse and then put in a doctors office, where I kid you not I waited almost 2 hours, no doctor. I did hear two people talking in the hall way, saying doesn't the doctor know she has a patient. The other person commented saying, she not in she left on errand. It was after two hours that a doctor came in, not sure if it was the one I was originally suppose to have seen. The story even get's worse, the doctor started to dismiss me, before with out any evaluation. I spoke up about that the doctor get very snippy. Bottom line I didn't go back their again. I did have a form of Tri - Care with a high co-pay and % of cost, but I went to private doctors.
I now live in Michigan, been here for 16 plus year, they have the best VA clinic any where I have been.
I now live in Michigan, been here for 16 plus year, they have the best VA clinic any where I have been.
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If that's the case, the only person you should be talking to is a greedy lawyer, I mean good lawyer. So, stop taking and call a lawyer or VFW or AL or DAV, etc. if you don't want a lawyer.
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Pvt Patrick Bryan
Lawyer that take a VA case are limited to 20%, by law, you want good, HONEST representation?? Get a VA qualified Lawyer not a Veterans service officer that dont know crap!!!!!
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SSG Watis Ekthuvapranee
That's what I mean. Good luck finding one. ... And if you do, let me know. ;)
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There is a logical progression to follow here. First, the Chief, if Service for whatever dept is denying you treatment. Next the Patient Advocate at your VAMC. They should be able to add t least explain why you are having problems getting treatment. As others have suggested, use one of the Service Organization reps at the hospital. Private attorneys may help in getting benefits, treatment is a whole different matter.
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SSgt Lisa J. Markland
I'm tied to dept chiefs in all key depts I need help from; most have known me for decades if they've been in this VA prior to their current position. Still can't make much headway. Patient advocates have continuously either not returned calls (even involving the COS or director at this VA) or say they can't help. I really may end up needing a lawyer if the current senator can't fix things. I'm keeping my fingers and toes crossed. Thanks for the input!
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You might try your local Congressman’s Office first. They have assistants who help with this type of problem (and the IRS) on a regular basis. Don’t forget you have 2 Senators, too. Same thing but they might be a little less responsive. I would try the President last. Good luck.
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SSgt Lisa J. Markland
Could you possibly tell me more about how the IRS might be able to help? I've wondered if I can send a bill to the VA for what I'm laying out privately for things they either are refusing or taking at times over a year for despite my regular follow-ups (sometimes daily but at least every week or two for well over a decade now). I am now connected with my other senator's office and a senior caseworker/manager for vet issues. I have the WH Veterans Hotline as a back-up now, thanks to the help and suggestions here. Thanks!
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Lt Col Bill Fletcher
SSgt Lisa J. Markland sorry for confusion. Your Congressman is a great place for assistance if you have an issue with the IRS. The IRS can’t help you with the VA.
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SSgt Lisa J. Markland
SSgt Lisa J. Markland - I at one point had to lay out $3,500 per month for ONE medication the VA had supplied for about a dozen years but then was giving me trouble about it. My out-of-pocket medical and Rx costs that "should" be provided by the VA is eating up our bank account monthly. I max out my commercial out-of-pocket early each year even just for meds, which is about $3k, but some meds still have copays because of the tier. I know and have met with numerous dept chiefs but frustratingly still get almost nowhere, even though I've got a phone/virtual appointment within this VA (often with dept chiefs) every week or two. I keep emphasizing to them that this cannot keep taking weeks, months or even years, and then I end up buying it all privately out of necessity. So much for retirement savings. Thanks for the ideas!
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SSgt Lisa J. Markland
Lt Col Bill Fletcher - It's not an IRS issue, just that I lay out SO much money each year for things the VA is supposed to afford me as a 100% service-connected veteran. The operative word seems to be "supposed" to. Thanks for clarifying!
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You didn't say what the issue is but if whatever it has been certified as military related I don't see how they can refuse. If it isn't, that may be another story. Contact the news media and not just local, get a national operations like Fox News, MSNBC, etc. They are always hungry for a story like this. If they interview you make sure you ask the viewers to contact their public servants. Public ourtage isn't something the government wants. It sure can't hurt!
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SSgt Lisa J. Markland
Thanks for reaching out. Most of it is directly SC and the rest is related. I actually did one local major network news interview a few years back but then the politics and antics in this country took priority and then came COVID. I've reached out to several news agencies, of all things at the suggestion of VA dept chiefs and others-- saying that the media or a representative (congressional or senatorial) would get things done faster/better. I know that 'shouldn't be necessary but that's where it's been at. Our DC VAMC has been in the news quite a bit locally and nationally for issues of poor care, deaths, lack of supplies, etc. The amount I have well-documented with photos, emails, portal and BlueButton records and more is massive. One reporter wanted it all but I was advised against that particular news outlet and now regret not just handing over everything for her to sort out.
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FN Steven Santucci
As of Jan 1st we have new VA Secretary, if you do have 100% disability, then you should be entitled to any doctor outside the VA called Community. Living in that Red State is half the problem. Contacting a RepubliCON, yes I mean Con, because they con people all the time, representative isn't going to help. Have you written the White House or the Secretary? Somebody has to help you. That's what I would do and take no for an answer when they say I can't help. Stand your ground. Fight like you were taught to fight, don't give in
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FN Steven Santucci
Libtard, you spelled it incorrectly?????? First of all I am not, I am a Progressive Democrat. If you have a problem with that that is OK, but I always speak what is right and what I feel for ALL VETERANS AND PEOPLE OF THIS COUNTRY. I always have and always will.
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1SG John Millan
Once you're rated100% service connected, they are responsible for ALL medical and dental care, not just service-connected. You're totally broken legally and they totally own your medical and dental care.
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Get Legal Council that specializes in dealing with the VA...If like you say your injury/illness is rated at 100% by the VA and they refuse to administer care for that injury/illness and you wrote your State Senator with no reply then I would get legal help.
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LCpl Steve Smith
SSgt Lisa J. Markland - Also have you tried contacting the D.A.V. to see if they could help?
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SSgt Lisa J. Markland
LCpl Steve Smith - Not recently, but I'm a long-time life member. Thanks for the specific VSO idea.
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LCpl Steve Smith
SSgt Lisa J. Markland - Any Progress Update? Did you get any help with your situation?....Just checking up to see if you got the help you need
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SSG Mike Busovicki
If money was unlimited, sure, but I don't see that happening. Also keep in mind that VA hospitals have many "Veteran specific" clinics and treatment groups that better serve us than the civilian world would. But to scrap VA and dump all Veteran care into the private sector would break our medical system for sure. And cost a hell of a lot more... just to make a bigger mess than it already is.
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LTC (Join to see)
SSG Mike Busovicki it would be less expensive to cover Vets on the economy and I'm certain that the people who currently work in vet specific clinics would be able to set up a similar shop on the economy. If that's the issue that would keep privatization from happening then only retain those clinics.
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SSG Mike Busovicki
I'm not sure that it is the only reason that is stopping privatization, but it is a factor. Cost wise, I just have no confidence that privatization doesn't lead to greed like it always does, pushing the costs ever higher even if reasonable at first. The government controlled cost keeps this affordable for the taxpayer. Trusting private doctors and pharmaceutical companies to not price gouge the government more than they already do is misplaced trust in my opinion. Having private contractors assist is helping right now to alleviate the backlog and Choice Program care is nice for rural Veterans that don't have access to specialists or VA clinics. But dealing with a million private offices is a very inconsistent (at least on the C&P exams side), and it is just not sustainable long-term. Privatization Veterans, in study after study, don't want privatization. It would destroy VA as we know it.
Here's some stats:
https://www.va.gov/opa/pressrel/pressrelease.cfm?id=4034
https://wisconsinexaminer.com/2019/11/06/health-care-expert-va-privatization/
https://www.seankendalllaw.net/blog/what-does-va-privatization-mean-.cfm
Here's some stats:
https://www.va.gov/opa/pressrel/pressrelease.cfm?id=4034
https://wisconsinexaminer.com/2019/11/06/health-care-expert-va-privatization/
https://www.seankendalllaw.net/blog/what-does-va-privatization-mean-.cfm
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SPC Paul Harrington
LTC (Join to see) - I'll bet you would. Vietnam vet(68-70). I can/do get any tests deemed necessary by my docs at the VA. Not so when I used the private sector with my health insurance. The Health Insurance Industry folks decide what tests they will pay for and limit the amount, resulting in less expense, but not better care. They dicide what medications I can get, no matter what the Dr. prescribes. Privatization has been pushed by folks (like the Kochs) who stand to reap massive profits. Those profits will come at the expense of veterans. In addition, 75% of practicing physicians in the US have received at least some training at the VA.
I have been using the VA for about 10 years-started when I first learned that as a Vietnm vet I was automatically eligible. I was one of those vets who looked down on the VA. Not any more. I am currently 60%. Since I have been eligible for all mey care at the VA, I have used them. Cataracts, partial knee, 8+ inch colon removal and various other issues have been addressed and corrected by/at that VA. I have been sent out to private Drs for two MOHS surgeries for skin cancers because the local VAMC's did not have MOHS Surgeons on staff.. I, and a majority of the folks I come in contact with at various Service organizations I belong to(AL, VFW, DAV, VVA) are very satisfied with the level of care we receive.
I have been using the VA for about 10 years-started when I first learned that as a Vietnm vet I was automatically eligible. I was one of those vets who looked down on the VA. Not any more. I am currently 60%. Since I have been eligible for all mey care at the VA, I have used them. Cataracts, partial knee, 8+ inch colon removal and various other issues have been addressed and corrected by/at that VA. I have been sent out to private Drs for two MOHS surgeries for skin cancers because the local VAMC's did not have MOHS Surgeons on staff.. I, and a majority of the folks I come in contact with at various Service organizations I belong to(AL, VFW, DAV, VVA) are very satisfied with the level of care we receive.
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Are the medications prescribed by Physicians? If so they can be filled at the VA. We also take all prescriptions there and never been asked anything. That’s too much out of pocket!
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SSgt Lisa J. Markland
It's all within the VA. They just refuse to get me what I need in some cases, and other times they've bent over backwards to help. It seems to depend who's helping and the DC VAMC has HUGE turnover up to the top. Nobody wants to be in top roles so most are in "acting" positions. I know this "shouldn't" be happening, but it is. It's costing me too much personally, medically for my body and financially. I only wish I could send them a bill! Thanks for helping!
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SGT Gilbert Flores
I heard that the VA will fill meds from non VA doctors but you need to provide your doctors notes for treatment.
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If you've exhausted the COC upward, try from the top down. Senators usually don't get too involved in constituent affairs, with some exceptions. Your US Rep may help, and try the VA online submission form for a concern, start dialing the concerned VAMC agencies, such as Patient Affairs. A call to the Administrator's Office will gain attention. All the above. If it's legit and your Rep pursues, it becomes a CONGRINT. Those have a stigma that often require action, or a "lotta splainin". If they receive a congrint, you may experience a new sense of concern and urgency with the matter.
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