CINCINNATI — When Air Force veteran John Watts was injured on the job, he filed for workers’ compensation. Now, he’s not sure who he can trust after a lawsuit in which he claims a legal adviser falsified a document and the state looked the other way.

“The law says if you alter, falsify or change any document then it is forgery, which is punishable by an offence,” John Watts said.

As part of his journey through the workers’ compensation claim process, Watts was asked to give permission to access his military medical records at the Cincinnati VA Medical Center.

“Shelby McMillan with Reminger said, ‘Hey, can we have the records?’ I said, “No.” … I told my supervisor, ‘No, I’m telling you not,'” Watts said.

With VA medical records excluded, in June 2022, Watts signed an Authorization to Release Medical Information form, giving the Reminger law firm and attorney Shelby McMillan, who represented his employer, access to his medical records at St. . Elizabeth.

Watts said during his workers’ compensation hearing afterward things went sideways.

“Miss McMillan steps in and says, ‘I have 431 pages of his VA medical records.’ And I said, “No.” I said, “How did the VA get my medical record?” I never signed a release,” Watts said.

Looking at the form sent to the Cincinnati VA Medical Center, Watts said he sees an immediate problem.

“I see ‘VA hospital’ written in handwriting,” Watts said. “My handwriting is cursive. It looks like it’s written in pencil.”

His original form only allowed the attorney to pull records from St. Elizabeth.

He said his next stop was the Cincinnati VA Medical Center, where the clerk in the office showed him the form that said St. Elizabeth and the VA Hospital.

“I said, ‘You can see it’s not my handwriting.’ She said, “Well, I see it’s not your handwriting, but we’re following protocol for releasing your records. If we have a signed medical release, then we can release the records in terms of the VA release information,” Watts said. said.

The privacy officer with the Veterans Integrated Services Network with the US Department of Veterans Affairs sent a letter to McMillan requesting that the medical records be returned without copying them in any format. The letter noted that John Watts “did not authorize the release.”

Watts filed a complaint with the Ohio Supreme Court Disciplinary Counsel about McMillan’s actions.

The disciplinary counsel cited in a letter dated December 28, 2023 that “Attorney McMillan added VA to the release” and “While our office declined to pursue disciplinary action against Attorney McMillan, we are concerned about the attorney’s actions.”

WCPO reached out to McMillan for comment on her actions, and she responded in an email that “Mr. Watts’ complaints against me were investigated by the Ohio Supreme Court Disciplinary Counsel and the Ohio Industrial Commission. The Ohio Disciplinary Counsel concluded that I committed ethical violations or impropriety in my representation of my client and dismissed Mr. Watt’s complaint.”

Watts said he couldn’t believe the disciplinary counsel’s response.

“You know this entity is supposed to govern such acts,” Watts said. – Yes, it’s very frustrating.

As for the Cincinnati VA, spokesman Todd Sledge responded via email to a WCPO request for additional information regarding the release of medical records: “The Cincinnati VA Medical Center follows the verification processes described in the VHA policy regarding forms signed authorization. Cincinnati VA Medical Center. diligently complies with all laws and privacy policies. We take the privacy and confidentiality of our Veterans’ records very seriously.

For Watts, compliance with the protocol does not include verifying the veteran’s willingness to protect their personal medical information. He said that under VA standards, anyone can write anything on a form and get veterans’ records from the VA.

He calls on the VA to revise its policy nationwide to better serve and protect veterans from a similar incident in the future.

“I would suggest that one, they change their policy on how they release information. Second, if you release a veteran’s information, contact that vet before you release information and that will clear up any discrepancies,” Watts said.

He said a simple phone call confirming the delivery of his signed release and the entities that would receive the documents would have stopped the release.

Watts said his Worker’s Comp claim was denied, and he claims it’s because his VA medical records were used in the case. He has attempted to obtain legal representation in this case, however, the attorneys he has contacted so far are unwilling to take over and assist with his worker’s compensation claim or his grievance with disciplinary counsel related to McMillan’s actions.

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