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Husband Awarded 100% for negligence in VA Care including an error by medical staff with overdose causing renal failure. He also won service connected disability: 70% TBi, 30% depressive disorder, 10 ED, and had 40% for paralyzation (awarded in 2001). He has SMC with Aid and Attendance. We have filed our SF 95 and are proceeding to file FTC in federal court. We had one IMO and the examining VA doctor expressed a stronger opinion than our IMO physician. My question is: If my husband is successful in his FTC case - they would offset that amount by withhoilding 1151 til award is paid back. Since he has a total award of 240% - and they pay him for 100% + SMC. How does that work if he wins and FTCA award -WILL THEY TAKE HIS DIRECT SERVICE DISABILITY PENSION. I WOULD APPRECIATE ANY INPUT YOU CAN GIVE ME. THANK YOU. THIS SITE IS A LIFE SAVER

SO AM I. I FEEL more than puzzled. I feel betrayed.

It was not local and it was expensive by a well k own docter to this board. He promised certain services and after he received payment he won't respond. I am puzzled by this. It was not local and it was expensive by a well k own docter to this board. He promised certain services and after he received payment he won't respond. I am puzzled by this.

Had a very expensive IMO and after claim decided cannot get the doctor to call back. What can I do.

IT WAS CALLED AN AGENT ORANGE EXAM. HE WAS BEING TREATED FOR CONSISTENT RASHES, IVE, ETC FROM 1970 THRU PRESENT. IT IS DOCUMENTED ON EVERY OTHER PAGE OF THE MEDICAL DOCUMENTS THAT WERE MISSING AND TURNED UP AS A HAND SEARCH. HIS CANCER WAS DIAGNOSED IN 2000 - IT WAS VERY ADVANCED - TOTALLY BLOCKED COLON AND METS TO THE LIVER. THIS IS A CANCER THAT METATASIZED OVER A NUMBER OF YEARS UNTIL IT REACHED A STAGE IV. A COLONOSCOPY WOULD HAVE FOUND IT. A FOLLOW UP EVALUATION OF THE ELEVATED MARKERS OF LYMPH, NEUT WOULD HAVE FOUND IT. VA DID NOT TELL HIM OR RECOMMEND THAT HE HAVE FOLLOW UP AFTER THIS CAREFUL EVALUATION AND EXTENSIVE EXAMINATION. THEY STATED IN A LETTER THAT ALL TESTS WERE OKAY EXCEPT AN ELEVATED WBC AND LIPIDS. THEY SAID IN THEIR LETTER THAT EXAM RESULTS WILL BE MAINTAINED BY VETERANS AFFAIRS. THE EXAM DATA WILL BE CAREFULLY ANALYZED TO TRY TO DISCOVER ANY PATTERNS OR ABNORMALITIES THAT MIGHT BE RELATED TO AGENT ORANGE EXPOSURE AND THEREFORE DESERVING FURTHER STUDY" ANSWER: JUST RECEIVED MED RCDS 2010. NO VA DOCTOR DOCUMENTED OR SUGGESTED TO MY HUSBAND THAT THERE WERE IN FACT TUMOR MARKERS IN HIS BLOOD WORK. NOT UNTIL RECENTLY IN 2010 DID WE RECEIVE RECORDS. WE ARE FILING 1151. AGENT ORANGE TESTING WAS A "BIG DEAL" ON VETERANS AND THEIR FAMILIES BECAUSE OF THE DANGER THEY PRESENTED.

Husband had 1994 Agent Orange examination. This was for a careful evaluation for possible medical problems. VA did a physical and extensive series of lab tests, chest xray, liver, gallbladder, bones, muscles, hormone glands and and white blood cells. THESE RECORDS WERE CONVENIENTLY LOST LOST AND AFTER TWO REQUESTS AND A MONTH LONG INTERVAL,A HAND SEARCH FOUND SOME OF HIS MISSING RECORDS. 1. The doc's letter noted elevated WBC and lipids, He did not talk about OUT of range Lymphocyte counts and out of range Neut counts. HE DID NOT TELL THE VETERAN TO COME BACK FOR A FOLLOWUP WITH VA OR A PRIVATE PHYSICIAN. THESE COUNTS WERE TUMOR MARKERS IN HIM THAT PROGRESSED INTO A STAGE IV COLON CANCER THAT HAD METASTASIZED UNTIL 2000. VA HAD SUPERIOR KNOWLEDGE OF TOXIC EXPOSURES TO VIETNAM VETS AND WERE PERFORMING STUDIES AND SUPPOSEDLY CLOSELY MONITORING HEALTH OF VIETNAM VETERANS. MY HUSBAND RELIED UPON THE SUPERIOR KNOWLEDGE OF THE VA SYSTEM, THE CAREFUL EVALUATION, AND THE EXTENSIVE EXAMINATION TO HIS DETRIMENT IN HIM NOT BEING ADVISED TO MONITOR THE CANCER MARKERAS NOTED IN THE BLOOD PANELS IN 1994. IN THE LETTER THEY SAID "ALL TEST RESULTS WERE NORMAL EXCEPT FOR AN ELEVATED WBC AND ELEVATED LIPIDS. THIS DATA WILL BE CAREFULLY ANALYZED TO TRY TO DISCOVER ANY PATTERNS OR ABNORMALITIES THAT MIGHT BE RELATED TO AGENT ORANGE EXPOSURE AND THEREFORE, DESERVING FURTHER STUDY. THEY NEVER TOLD MY HUSBAND TO HAVE ANOTHER BLOOD TEST OR HAVE THESE TUMOR MARKERS EVALUATED. ANY CANCER MARKER (EVEN IF NOT RECOGNISED AS AGENT ORANGE) SHOULD HAVE HAD A FOLLOW UP. THESE WERE DOCTORS. I COULD SCREAM AT THEIR NEGLIGENCE WITH HIM. AN AGENT ORANGE CLAIM WAS FILED BY A VSO RIGHT AFTER THE AO EXAM IN 1994 FOR AGENT ORANGE AND RESIDUALS AND DENIED IN 1995. MY QUESTION IS - ARE THEY OFF THE HOOK WITH NEGLIGENCE BECAUSE THEY WERE TESTING FOR AGENT ORANGE.?? I FEEL ANY DOCTOR WOULD HAVE RECOMMENDED FURTHER TESTING. THEY DID NOT!!!! THANK YOU FOR LISTENING.

n Two Purple Hearts The raters had all the records that I have. Its a puzzle two BAD fraudulent C&P Exam. Vietnam hospital and medical records reflect everything. If it wouldn't have been for had it none of the Cfile would have been requested and I wouldn't have known any of this. My husband is a great guy who wants to totally avoid any of this but it is not okay.

During the TET OFFENSIVE (1967), My husband suffered head wounds from an RPG in three different areas: face (shrapnel still lodged), left cheek and back of head. His C&P reports dating back in the 1970s - tramatic brain injury was mentioned by examining medical attendent. He had to learn to reread, slowed mental ability, lack of concentration, emotionless... We didn't know the extent of his head injury until we received his C file or what TBI was He avoids everthing. Recently, he received 70% back to 2009 for TBI. We didn't claim it til recently but since it came up in the C&P exams, is there any way to get back pay? This was a war wound incurred in battle and just didn't pop up recently. Shouldn't C&P physicians be responsible for getting this disability. Is there anything we can do???

Exam on TBI stated: Husband had TBI after he received shrapnel in head. He lost consciouness for more than was hour and it was considered a severe head injury due to glasgow Comma Score. He could not read with and has problems with comprehensive and cognitive. Trying to figure out how this may be rated: headaches mild in severity. weakness or paralysis: facial. Sleep disturbance - yes. Fatigue: moderately severe in general. malaise: mild. Memory moderately impaired. Cognitive: Moderate impairment - decreased attention, difficulting concentrating and difficulty with executive functions. Depression. Irritability and restlessness. Cognitive States: three or more subjective symptoms that mildly interfere with work, daily living or other close relationships. What type of rating would be assigned from VA?

So Confused: My husband has filed 1151 which I feel strongly that he will win. Lets assume he will win - would his disabilities be considered direct service connection? Have filed an SF 95 and we have not heard back. We are nearing the discovery of malpractice in a couple of months. Have not heard back - does filing SF95 toll the time clock on filing malpractice in Federal court or should we proceed. Has filed for colon cancer due to Vietnam and TCE exposure at Fort Ord, CA. Has anyone won an agent orange claim for colon cancer. Have medical evidence that cancer started right after Vietnam and progressed for many years to diagnosis

My husband had at least 20+ cat scans. On all the non-VA hospitals the atelactasis showed up on scan and report. On the VA Hospital scans they never reported the atelactasis. One of the C&P docs stated in his report that HE DID NOT HAVE atelactasis. When he had his Agent Orange testing they stated that he had no lung problems or scarring in 1994. In 1979 the lung scarring showed up when he was having surgery at a non-VA hospital. Thanks for the advice of the attorney.

My husband had a C&P exam (15 minutes long) for IHD. Will they order further tests? Stopped by the regional office to get a copy of his last C&P (conducted a year ago) exam and they told us they did not have to release them until they responded to our claim. IS THAT TRUE?? Filed a SF 95 form 7 months ago but have not heard back. We are nearing the 2 year deadline for discoverey of malpractice in a couple of months - Do we need to file a Malpractice suit in Federal Court. Does VA have to respond to our SF 95 in writing or can they never respond? They have sent letters but not lately. I thought if they denied us in writing then we had a certain time period after that denial letter to file malpractice suit. Can they just sit on it and not send any reply back to us and cause us to miss the court deadline? After getting all my husband's records, I found a big discrepancy on catscans between VA and private hospitals. Private hospitals in 1979 and every catscan since brought up Lung Scarring on both lungs. The 1994 Agent Orange test and every other VA catscan never mentioned his lungs. As a matter of fact, the 1994 and one of his C&Ps mentiion he did not have ateclasis. Has anyone else experienced discrepancies in testing. This website is such a comfort to me as we are waiting and dealing with VA. I want to thank everyone that contributes with their valuable knowledge and experiences.