private Steve

I guess you are done I do appreciate some of what you said and I have taken your advise about collecting evidence and documents I have faxed every entity involved and requested everything there is to ask for tY BB

The problem is I never ever had colon surgery nor did I ever have a sponge inside of me nor did I file a claim for colon surgery or any objects left anywhere, My claim is for negligence done on me during a fem,oral bypass graft surgery not a hip replacement like the denial before this one nor the colon surgery it;'s for the same thing I won the FTCA a Femoral Bypass Graft surgery where VA says complications happened resulting in my amputation and in ftca they say improper procedures were done on me all the way to the point of me catching Sepsis MRSA and H.I.T.T. all within a week of each other I believed caused by multiple vascular surgeries along with wrong incisions on my arteries. This is how bad it is no one can catch it.. They are denying my claim for surgeries I never had they are reviewing paper that has nothing to do with my claim. The hospital won't turn over any incident reports nor investigative reports no peer reports either. I never got an sos and the only ssos I ever received was only four months late. I've never even had a follow up appointment by the doctor who did this or the vascular clinic either. No one that wants to look at me. It took me two and half years to see a doctor here in Vegas. This is ridiculous. How can they change causation to fit their means. How can Medical Malpractice be here but not there. There is nothing clinical about this he almost killed me and has gotten away with it. My wife suffers more than I do because of this god's truth is I wish i could go to sleep and wake up in heaven.

in 2005 I put a claim in for a F.T.C.A. and a 1151 claim. I won the tort in 2008 for Improper Surgery and Improper Wound Care resulting in amputation and partial scrotectomy. This was great I thought wow I won! Well since then I have been denied three more times for the 1151. This last denial came in June of 2013 the VA states that my claim for a sponge being left inside of me after colon surgery is denied because it bears no evidence into the Femoral Bypass Graft Surgery that I filed the claim for to begin with. How can I be denied for something that, one doesn't exist and two something that is irrelevant to with my claim. Even in the travel Board Hearing I had with a Law Judge from Washington she says "why is this colon surgery listed here' This looks like a cut and paste job to me. The denial before this one was exactly the same except I had a Hip Transplant and of course they used the "progression of disease" excuse. I am so confused at what to do should I file a CUE claim. My American Legion Rep has really messed me up. All she filed for was amputation and scrotectomy when there are many other factors in my case that I have since filed on my own. Like HITT and Embolism, Sepsis, MRSA, Infections, No one ever mentioned Special Month Compensation to me ever I just learned about A&A. I realize this is sounds like BS but all I know is I went in for a Femoral Bypass Graft and I woke up w/o a foot and right testicle nor a sex life and a wheelchair and being bed ridden for the rest of my life. I take three opiates in high doses every day for pain and pray one day this will be over. Can anyone help me. I sent Berta My last denial on another thread I hope she reads it,.

Here it the reasons and basis for my denial As noted the board of veterans appeals (BVA) remanded you case for additional development to date, all remand directives have been followed You reiterated your contentions during the personal hearing held on May 16th 2012. The transcript of this hearing was reviewed and it is noted that no additional evidence was submitted during the time this hearing was held. We reviewed and considered the sited tort claim paperwork. It was noted that a settlement payment was made to you in the amount of $50,000 for your medical malpractice claim.. Administrative Tort claim. It is also noted that you received this payment for double "alleged retention of foreign object sponge, after colon surgery requiring additional surgery to remove foreign object, This evidence fails to show any evidence that supports you have a disability as a result of negligence on the part of he VA medical professional in performing the Femoral Artery bypass graft on July 14th 2005. We reviewed and considered your VA treatment records and packet of evidence from Loma Linda VA. These records were negative for a adjective evidence that supports you have a disability as a result of negligence on the part of the Va Med professional in performing Bypass Graft on July 14th 2005. These records contained duplicate, which had been previously reviewed and considered. We received a negative response from the Loma Linda Va for investigative _Incident reports from your surgery on July 14th 2005. We called you on March 1st asking you if you had these records in your possession, You reported u did not have a copy of records. So, We prepared a formal finding of unavailability of Memorandum on March 5th 2013. Based on the unavailability of these records. No further developments were conducted. In the absence of evidence of wrongdoing or negligence , compensation under the provision of 38 u.s.c.a. 1151 west 202 is denied. Entitlement to compensation under U.S.C.A. 1151 for right leg peripheral artery disease status post forefoot amputation and partial scrotectomy due to the alleged negligence on the part of VA MED PRO. IN PERFORMING FEMORAL ARTERY bypass surgery on July 14th 2005 remains Denied at the travel board I turned in papers from FTCA and it talked about sponge and colon cancer I never had I told the Judge and she said it was a copy and paste job done wrong by the R/C who just faxed it to us the morning of the hearing the denial before this one was for a hip surgery I never had worded very similar to this one

thank you

I really need a ship that I can help others with. If there is anything I can do please all you have to do is ask. I feel like I am on an island that is slipping into a vast ocean of misunderstanding and hope

I just wanted to say thank you for the time you give to all veterans I do not understand computers that well so i have a hard time with threads and things like that. I have so many issues I am lost and have been ever since the day they started putting three types of opiates in me at high doses. spo all I want is to say Thanks God Bless people like you

Berta I would like to ask you if Causation is the same in a FTCA as it is in a 1151 claim. Can you be denied from surgical Malpractice because of Progression of disease, how can they keep coming up with surgeries I've never had then say they have to deny my claim because there is nothing in my records that support the surgeries listed that I never had. I won a tort claim for medical malpractice in 2008 at time R/C said I'd be made like 100% service connectyed and paid at that rate five years latrer it's never happened. I am currently at the BVA with the Law Judge can she remand a case more than once

I can't understand when my claim comes up for review it is turned down because of some incorrect descriptions that have nothing to do with my claim. I have been turned down for Progression of my disease, for Hip Surgery I never had, And for a sponge being left inside of me after colon surgery. I won a FTCA claim in 2008 the "acts or omissions stated they did Improrper Arteriotomy on me as well as Improper Wound Care can Medical Malpractice change from a FTCA to an 1151 claim. I just got rejected again on Remand from someone who obviously can't follow what the judge said she wanted them to do. I have no representation at all I didn't have one to win my FTCA either and I won. I must be stupid because I thought what is right is right right. Can anyone tell me if an 1151 claim causation is different from a FTCA

I would like to talk to the Admin Hadit if at all possible. I love the fact you care for us and I could really use some help since I refuse to use a lawyer I turned it over to the Lord because I believe what is right is right and wrong is wrong. I have read many of your words in the past and I can tell you care. Everyone should be told filing a claim there will be individual who will care as much as the person filing the claim. I've had nothing but headaches for 8 and a half years and I know I am right. I went in for surgery on my left leg woke up weeks later because of complications and my foot on the opposite leg had been amputated I and a scrotnectomy done on me. I caught MRSA, H.I.T.T along with infections and delirium. I went in for one surgery and had 16 I was to spend three days I spent months. I thank you for caring even if I never hear from you. Steven P bullshirts@yahoo.com

Can i file for smc after winning a FTCA in 2008. I have a claim for 1151 sitting with the Law Judge in Washington DC waiting for my final answer. I've been denied like four times on the 1151 1st was because of progression of my disease second time same thing. The third time they denied me saying there was no proof in my records I had hip surgery which I never had I would know. Then the last time it says I had a foreign object left inside of me after colon surgery. I had a Femoral Bypass Surgery in 2005. On my FTCA " Acts or omissions" it states they did the Arteriotomy improperly and my Wound care was IMproperly taken care of causing me to have a scrotnectomy and my right foot amputed after my surgery was on my left leg. There is so much more here than I can say and I would love to get some help or advice from you