It has been awhile since I’ve posted and it’s because this situation has been really hard on us. My spouse/family caregiver was official terminated on June 01, 2018 because of two reasons: 1) we refused to break the law and 2) our VA and CSC refuse to allow my doctors to be involved and make any decisions affecting my spouse/family caregiver being enrolled in the program, assess me, give me a treatment plan, make the medical determinations, etc. Our VA also refused to correct the privacy issues surrounding my medical records and psychotherapy notes even though Health and Human Services (HHS) has found them in violation on three (3) counts so far. I have many more privacy complaints pending as of this post. Our privacy officer refuses to correct and continues to state their are no violations regardless of what HHS stated.
Remember, 38 USC 1720G states (except): (c)Construction.—
(1)A decision by the Secretary under this section affecting the furnishing of assistance or support shall be considered a medical determination.
A social worker is not a licensed medical doctor nor can they make medical determinations.
In addition, my spouse/family caregiver was not given the 3 additional months (90 days) of stipend after his termination based on the regulation, 38 CFR 71 states (except):
71.45 (c) Revocation by VA. VA may immediately revoke the designation of a Family Caregiver if the eligible veteran or individual designated as a Family Caregiver no longer meets the requirements of this part, or if VA makes the clinical determination that having the Family Caregiver is no longer in the best interest of the eligible veteran. VA will, if requested by the Family Caregiver, assist him or her in transitioning to alternative health care coverage and mental health services. If revocation is due to improvement in the eligible veteran’s condition, death, or permanent institutionalization, the Family Caregiver will continue to receive caregiver benefits for 90 days, unless any of the conditions described in paragraphs (b)(4)(i) through (iv) of this section apply, in which case benefits will terminate as specified…. (see excerpt below of (b)(4)(I) through (iv))
Excerpt from 71.45 b (4) Caregiver benefits will continue for 30 days after the date of revocation, and VA will, if requested by the Family Caregiver, assist the individual with transitioning to alternative health care coverage and mental health services, unless one of the following is true:
(i) VA determines that the Family Caregiver committed fraud or abused or
neglected the eligible veteran, in which case benefits will terminate immediately.
(ii) If the revoked individual was the Primary Family Caregiver, and another Primary
Family Caregiver is designated within 30 days after the date of revocation, in which
case benefits for the revoked Primary Family Caregiver will terminate the day before
the date the new Primary Family Caregiver is designated.
(iii) If another individual is designated to be a Family Caregiver within 30 days after
the date of revocation, such that there are three Family Caregivers assigned to the
eligible veteran, in which case benefits for the revoked Family Caregiver will
terminate the day before the date the new Family Caregiver is designated.
(iv) The revoked individual had been living with the eligible veteran and moves out,
or the revoked individual abandons or terminates his or her relationship with the
eligible veteran, in which case benefits will terminate immediately.