Tracked item for RMC medical Records????

[MikeHunt]

I called 8008271000 asking why eBenefits still showed

"Attention: Requested Documents are Past Due"

They'd recently done work that appeared in ebenefits (removed contentions)

Phone agent said Medical Records ('STRs') from the RMC still an open tracked item. I'm wondering how this could be- They denied claims in 2014 and 2010. This hardly makes sense the records wouldn't be digitized or at a RO.

My understanding is when they notify you when 'needed from others' gets hung up- In hopes you may have records. eBenefits was blank in 'Needed From Others' tab, but development to Veteran as still open when it shouldn't be.

I uploaded my STRs today (25MB max file size, BTW). Would've earlier if I'd known ...

Anyone have any idea what's going on???

Further, DL DPRIS from eBenefits, it didn't have dupe of discharge medical (I think it usually does) but did have someone else's records ...

yikes.

I'm worried they'll just 'time out' a DBQ from April. I think they're only good for a year.

 

[Guest Pdiddy]

Berta, I seem to lose any resemblance of intellect the minute I put anything in this forum.  I'm sorry if I have been less than clear with my statements.  Thank you for your time and input.  I had posted something before in the wrong place, being unfamiliar with this forum, and didn't want to make the same mistake over and over again. 

Just because I know what I am trying to say certainly does not mean anyone else does.  So, let me clarify a few things.  The lawsuit for wrongful death, against Vanderbilt, could not go forward without an expert opinion from  a physician licensed to practice in the specialty in which the alleged malpractice occurred. However, the attorney stated that we needed that  physician to be within the required physical area of practice.  This is why I said x, unknown,  amount of miles because I could not remember the exact parameters.  We were not able to find a physician willing to do that.  Yes, I realize the statute of limitations is long gone for FTCA.  Again, I'm sorry I wasn't more concise.  

I recently contacted the attorney and was advised that the expert opinions obtained were from physicians that wanted to remain anonymous due to repercussions.  So much for using those!   I will be looking for a new mo.

My initial claim for DIC was under 38 C.F.R. section 20.1106.  Arguing the case that he should have been determined 100% sc due  the HCV resulting in a liver transplant resulting in death.   They requested more info, I requested more time to obtain his records of which I got neither, they sent their typical denial and filed a 59 page request for reconsideration due to new material.  I did file three (3) different nexus letters and thanks to Silvia a lot of info on inoculations.  That is where it stands now.  I thought I had better start with this one first and then work on the Sec 1151.  I am over  the CUE issue. I can't go back and undo all of the incorrect determinations he had throughout this process.

As shown, I have been unable to obtain his SMR from his 2 weeks in the Saigon hospital and forward field hospital.  He had also requested them numerous times prior to his death.  I don't know how else I would be able to find those?  I have some of his medical records from Vandy, and the other VA facilities and most of his SMR as far as I can tell.  Funny how the only records missing are those that are needed to prove the claim.  I will be requesting his complete medical file from Vanderbilt. 

As an aside, one of the reports from Vandy had redacted info pertaining to his surgeon who is still the head of transplant surgery there.  I haven't been able to obtain anything further on that.  My guess is there was an informal - off the record -  investigation regarding his death since it was within less than eight hrs after arrival and so much blood was used.

I sent FIOA requests, faxes, formal requests through the VA site for all files including his C-file.  Nada yet. I was just curious if this was status quo for obtaining records.  The issue is whether or not he had a transfusion.  As ask@nod said, it is up to them, the VA, to prove he didn't but the problem lies with his truthful response when asked if he had one - he could not remember.  They jumped all over that as no.  As part of my rebuttal, I reiterated that not knowing does not mean it did not happen; that he had a head wound, they are notorious for bleeding, he was in shock after witnessing the guy next to him get his head blown off, my husband was hit hard enough to blow off his helmet.  I also stated that, without any medical records to disprove he had one, the proof fell back on them to prove otherwise.   Whether that holds any water is to be seen.

Thank you for all of the input.

Pat

 

 

 

 

Edited January 24, 2017 by Pdiddy

[Berta]

I thought he died at a VA facility. Vanderbilt has a relationship with the VA but their doctors might not fall under the criteria of Sec 1151, 38 USC. Not enough info here to know

"I recently contacted the attorney and was advised that the expert opinions obtained were from physicians that wanted to remain anonymous due to repercussions."

If you paid real money for those opinions ,that hold no value at all, since the doctors remained anonymous...I think that is complete BS from the lawyer.

However a lawyer without malpractice /FTCA/1151 experience is useless anyhow in those types of claims.

Many years ago at least 15-20 NY lawyers told me they would not help me with my FTCA case...they said you cant sue the USA and you dont have the evidence you need and blah blah blah, so I filed FTCA/1151

myself and won  and didn't have pay anyone else a single dime.

1151 regulations are here under a search.Some of the Vanderbilt doctors might not be covered at all by FTCA /1151 regs and laws, but your lawyer should have determined that aspect and told you that right away....if the lawyer even knew FTCA and Section 1151 case law...

[Buck52]

I can understand why Dr'snot wanting to get involved  but let the medical records speak for them self, you can find attorneys online that will take a look at your case  they screen it and if they think you have a valid case   they usually will take the case.  it may take some time to find the right attorney.

[Berta]

Agreed! The internet has made it easily then ever to find doctors who will prepare IMO/IMEs for SC claims as well as negligence claims and FTCA.

I didnt have a lawyer or an IM0 doctor for my FTCA/ 1151 awards.

But in 2003 ,after my daughter (USAF INTEL) insisted many times that I re open due to AO DMII, I had to review the med recs many times and study some basic Endocrinology and I knew she was right.

The DMII had never been diagnosed or treated by the VA. I could not file a 1151 again on the same death because I already had that 1151 DIC award so instead it was a claim for direct SC death due to DMII.

My RO refused at first to even re open the claim, and then I had 2 DRO reviews but each one failed to consider my medical evidence to include 2 IMOs from Dr Bash.And a freeby from a former VA Neuro.

I was patient at that point because the DRO (same one for both reviews) told my former vet rep she could not read the IMOs. At least that is what he said when he told me he presented them to her in 2005.One of them was lying.

I knew however that the BVA can read.

I had prepared an extensive lay medical opinion for Dr Bash, with references in the med recs to tabbed records that revealed his undiagnosed and untreated DMII.Dr. B did the initial IMO within days of receipt of my stuff and my check.He had gotten excited about the claim the first time we talked, particularly when I told him of all the prior proven malpratice and that it 'was more than likely' they failed to timley diagnose the diabetes.

Any veterans  lawyer (there is a list of them here somewhere) ( if one has a strong IMO of VA negligence, to a highly ratable degree, specifically one that proves death by VA)

would be nuts to turn down that type of case.

Pdiddy I too still have problems sometimes with the site because there is so much here, but I am confused by the issues you have and suggest you or your POA look into the status of the doctors who might have been negligent with your husband's care, to see if they are covered by the 1151 regulations and all vet reps got the same training I did in 1997,after the Gardner moratorium, and can prepare a Section 1151 claim.

But they will surely advise you to obtain an IMO,if the doctors at Vanderbilt were also covered by  Section 1151,38 USC.

 

 

 

 

[Guest Pdiddy]

1 hour ago, Berta said:

I thought he died at a VA facility. Vanderbilt has a relationship with the VA but their doctors might not fall under the criteria of Sec 1151, 38 USC. Not enough info here to know

His VA doctors had him approved for the transplant at Vandy  I knew they worked in concert but "thought" they were an  extension, so to speak,  of the VA when a vet was involved.  At least that was how it was portrayed  The more I dig into this the less I know.  I can see why you have been confused. 

BTW, I thought it was total bs also and still don't understand....

Edited January 25, 2017 by Pdiddy
added info

[Berta]

There was a significant loss of blood that caused his death.Per the death certificate statement you gave us.

Did that happen at a VAMC ?

Here is Section 1151, 38 USC

https://www.law.cornell.edu/uscode/text/38/1151

Here is the link to what is considered VA medical care:

https://www.law.cornell.edu/uscode/text/38/1701