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Agent Orange

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fielg

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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.

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You need to contact a tort attorney and get it filed before the 2 year period is up.

Cat scans are always different when it comes to atelactasis, it can come and go. What was the scarring issue?

J

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You need to contact a tort attorney and get it filed before the 2 year period is up.

Cat scans are always different when it comes to atelactasis, it can come and go. What was the scarring issue?

J

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.

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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??

Regarding getting a copy of IHD exam....When I got my C&P exam; I remember signing a form that indicated the doctor would not release any info about the exam to me.... About two weeks after the exam, I called the Local va office(Las Vega,NV) they advised me that they would not give me the results till after a decision was made.......

Hang in there,,,the rating is just around the bend.... What VA office are you dealing with?

Thomas

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.

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"Has anyone else experienced discrepancies in testing. "

Yes.Sort of. It was part of my FTCA claim -not in 'discrepancies' but in failure to do follow ups to what the tests revealed.

"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??"

When either Section 1151 38 USC claim or a FTCA claim is filed, the VA will often refuse to send further copies of any VA medical records.

Has the VA done a Peer Review yet on the FTCA claim?

Have you contacted the RC or the OGC to see what gives on the SF 95?

Have you obtained an independent medical opinion that reveals VA malpractice?

This stuff is best dealt with by attorneys.

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"Has anyone else experienced discrepancies in testing. "

Yes.Sort of. It was part of my FTCA claim -not in 'discrepancies' but in failure to do follow ups to what the tests revealed.

"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??"

When either Section 1151 38 USC claim or a FTCA claim is filed, the VA will often refuse to send further copies of any VA medical records.

Has the VA done a Peer Review yet on the FTCA claim?

Have you contacted the RC or the OGC to see what gives on the SF 95?

Have you obtained an independent medical opinion that reveals VA malpractice?

This stuff is best dealt with by attorneys.

We have an attorney. We have a strong IMO attesting to the malpractice and 2nd physician stating malpractice. Attorney will contact OGC again. Will be filing malpractice claim

.

.

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"Attorney will contact OGC again. Will be filing malpractice claim"

That doesn't make sense to me-with an attorney and you have the supporting IMOs -the SF95 malpractice claim should have been filed already.

The SF 95 is the actual claim. Maybe you mean a federal court claim?

"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. "

If the time frame has occurred for a deemed denial by the OGC (your attorney will know what I mean)then yes it is possible you can file in federal court now -but not enough info here to even guess on whether that has occurred.

"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."

Yes in federal court- but much should happen before then.Maybe.....

Have they done or even requested a Peer Review Report yet?

"Can they just sit on it and not send any reply back to us and cause us to miss the court deadline?"

They can and will do anything they want to do to impede and hinder your case. Believe me, my experience with the OGC was a real eye opener.

I liked dealing with them however because they can read.The OGC lawyers also can rattle off VA case law like they were born knowing it.They are brilliant.

Do you have an aggressive malpractice lawyer who has had ample FTCA experience? Has he or she dealt with the VA OCG before re: FTCA issues?

Edited by Berta
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