DOT Physical and VA Disability Claim (Veterans HELP)

They ain’t connected. I don’t disclose anything from the VA during DOT physicals and I won’t ever do that. The VA can’t just share your medical records that would be a HIPAA violation and vice verse if the DOT examiner shared your information with the VA specifically without your consent and that’s a lawsuit you would win. I’m former VA employee, plus have a 60% rating from the VA and been driving for 14 years. As long as you can preform the task the medical examiner has you do you’re good to go.

 

My Father was wounded while serving in Korea in the early 50s. I can't remember what his rating was, but he got a VA check every month from the 50s until he died almost 30 years ago. My father was also a truck driver. In my father's case, his injury was more a PITA than something that prevented him from safely operating a CMV. Also, the VA C&P exam is not a run-of-the-mill exam. The Medical Professional that gives this exam is there for one purpose only. They are determining the extent of the disability ONLY! A Medical professional conducting a DOT exam is supposed to ONLY be determining your fitness to drive a CMV based on part 391.41(b).

With all of the above said it is my opinion you are getting your worry backward. I would be 100% more concerned about your possible upcoming C&P exam over the DOT physical.

My disability is not service-connected. I am however around Veterans that are with degrees from 100% down a lot. I know for a fact your primary issue is the C&P exam, not the DOT physical.

One last thing. Allow me to point out the Veterans Health Information Exchange (VHIE) program. If you don't want to take any chance of having your VA records released, download this FORM fill it out, and return it to the VA release of information office at your local VA hospital.

 

Where are the cases that prove that statement.

I have yet seen one where medical professionals engaged in treating or examining a patient can't share information to do with the condition or care.

HIPAA only applies with protecting medical information from people who have no business seeing it, not medical professionals.

 

I think people should take a look at 45 CFR 164.506 before giving a legal opinion about what can or can't be discussed concerning HIPAA.

I can think of no legitimate need for a VA C&P medical examiner to discuss with a DOT examiner the health of the person they are seeing. However, I don't think the rules are so cut and dry that a lawsuit would be 100% successful. Just an aside my last DOT Physical was done by a VA Medical Doctor at the Hampton Virginia VA Hospital in 2014. The records of that exam are part of my VA medical history. Supposedly the FMCSA will start allowing ALL VA providers to do DOT physicals soon. In this situation, a VA DOT examiner MIGHT see the results of a possible C&P exam and visa versa, and NO it's not a HIPAA violation!

 

They just started allowing the VA to do DOT physicals with the FAST Act so how exactly did you get it done at the VA back in 2014? I’ll pay $200 before I allow the VA to give me a DOT Physical. People are waiting 3-4 months to get a DOT physical done through the VA all because it’s “free”. Meanwhile dudes can’t even get in to be seen for mental health and killing themselves in VA parking lots because of it. Clog up a system even more with something that can be done by an outside provider. Guarantee the VA can’t share your personal medical records with the FMCSA without your consent. The VA can’t even share your records with the Vet Center which is part of the VA without your consent. The C&P examiner couldn’t even pull my mental health records without my consent. So ya it will be a HIPAA violation sharing.

 

It’s not going to mess with your rating at the VA. You’re overthinking it and worrying too much about it.

 

I got the physical because Dr Anita Sager who worked in the VA homeless PACT at the Hampton VA hospital (now retired) was a Medical Examiner who took the time to get in the national registry! From beginning to end my physical took about an hour this time also included getting lab work done!

ALSO I don't take too kindly the implication I am a liar. I also won't comment on the rest of the word vomit you wrote!