[Va Medical Malpractice]

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

[Va Medical Malpractice]

“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. “

What I understand from this is that VA left a sponge inside you after surgery.

They then mitigated the damage of that problem by removing the sponge and the VA paid you a settlement.

The VA is saying that you had no additional and/or residual disability directly due to the sponge and the additional surgery.for it's removal.

As I have posted here in our FTCA/1151 claims forum many times, 'additional disability' must be at a ratable level and will take a medical opinion to support the nexus to the malpracticed condition.

This statement in the BVA denial is different from what the FTCA was paid for:

“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 “

The BVA didnt see any medical nexus between the FTCA matter and the 005 surgery. Neither do I.

But I am not a doctor.

Did you have an independent medical opinion that followed our IMO criteria here at hadit to support the 1151 charges?

Your 1151 claim sees to have gone beyond the scope of the FTCA case, and that would require strong medical evidence.

The CAVC does not accept any additional medical evidence...unless you find a good lawyer and can get a remand, that would open the door for you to obtain a strong independent medical opinion for the nexus you need.

I am assuming this was a BVA denial and not an additional remand.

There are many good IMO doctors on the net. I used Dr. Craig C Bash.for an additional malpracticed issue I had,that I discovered years after I won the tort.. I couldn't file FTCA again on that issue,and I could have filed under 1151 again but instead I filed for direct SC and I won that claim.

My point is that the disability I discovered after the tort was DMII and my husband had been exposed to AO.

DMII ,as a diagnosis , never once appeared in his med recs.e never received any treatment for diaebetes. It was only mentioned once in a crossed out entry that I am still not sure of what it says, regarding “cf dm”.

I felt that my lay background in cardiology and endocrinology and my medical evidence was enough the stand alone to award the claim. But I laid it all out for my IMO doctor and he did an IMO in mere days because the evidence I found ,corroborated by standard medical knowledge, was overwhelming.

An IMO doctor will review your med recs in detail and can discover if additional malpractice in your case occurred and also can provide documented medical evidence of the nexus of that additional disability to the FTCA matter.My IMO doc also found another 1151 problem my deceased husband had, and stated it in his IMO that I missed and have not claimed yet....Dr. Bash is very good at reviewing med recs thoroughly.and can find things in med recs that lay claimants and the VA never recognizes.

If you have time left to file a NOA at the CAVC, I suggest you read the court instructions in the link and seek a good veterans attorney with experience at the CAVC.

We have interviewed some great lawyers at our SVR radio shows archives...Jerrel and John interviewed lawyers from .Bergman and Moore, and there are interviews I did with Bob Walsh and Doug Rosinski to name a few....

And you might want to try Ken Attig at his web site.

I thought at first maybe your case was still on remand......It appears it isn't.

I need to repeat something I have said here before.

If a claim is remanded to the VARO, telling them to do this or that........

it is highly beneficial for the claimant to also try to do the 'this or that'

and make sur they send any further evidence they get, directly to the BVA.

It might mean obtaining an independent medical opinion,

or directly searching for stressor verification via JSRRC yourself or ,

accessing historic archives to prove your unit was somewhere at some specific time.

or giving your SMRs another review if VA missed something important in them...as well as checking every evidence list in the SOC,SOCCs, to see if they really have considered all of your probative evidenc

When was the BVA denial letter?

You have the right to appeal to the US CAVC (Court of Appeals of Veterans Claims) if you are still within the court's time frame:

“2. The Notice of Appeal (NOA) must be received not later than 120 days after the date on which the Board mailed the notice of the decision to the last known address of the appellant.

Please Note: The date stamped on the front of the BVA's decision is the date it was mailed. “

http://www.uscourts.cavc.gov/appeal.php

Their web site gives the full gamit of filing an appeal with them.

I suggest you definitely obtain an attorney if you do appeal to the US CAVC.

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.

[Va Medical Malpractice]

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,.

[Va Medical Malpractice]

“Berta I would like to ask you if Causation is the same in a FTCA as it is in a 1151 claim. “

I would certainly think so. Then again iot depends on the actual way the VA worded the denial.

I am assuming you mean VA took medicval steps or iomitted medical steps that 'caused' additional disability.

My 1151 claim for wrongful death was stated the same way I filled out my SF 95 for the FTCA case.

It is difficult to advise you on the BVA case because there isn't enough info here.

“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 had one great RC and then one who gave me some incorrect info that General Counsel fixed.

The good RC I had (He wanted to settle with me right away after he red my evidence) suddenly retired and that is when I called up the OGC and began to deal directly with them.

I agree with what he said....but this is an assumption.

As I mentioned ,once a tort settlement is recouped by the VA, then the 1151 comp kicks in.

However the Regional Counsel is not a rater and has limited control over an 1151 award.

“I am currently at the BVA with the Law Judge can she remand a case more than once “

Yes VA can remand any case more than once,if they feel something is still lacking in the adjudication.

Did you have any BVA decision at all yet regarding this issue ? Are you technically on Remand now?

Do you still have your settlement papers with the US of A?

Does the BVA have them?

For the 1151 claim....I had to prepare and support with evidence the 1151 I had,in the same way I filed and supported my FTCA case.

I used the same terminology as I put on my SF 95, but an 1151 is a separate issue from the FTCA matter.

As I mentioned here too, my 1151 was denied many times ,even AFTER I won the tort and sent the RO all of that info.

It took a call to the OGC for me to get my 1151 award.done properly by the VA.

.

you might have to contact the Regional Counsel lawyer you delat with. Something seems wrong here and without seeing theirt last denial I dont have a clue what it could be.

I do know from experience that 1151 issues are often not handled well by the VA.

“how can they keep coming up with surgeries I've never had “ ?

The ROs can become very creative with their denials for 1151.Also I can assure you that they will deliberately remove evidence from the C file,if they can get away with it. They did that to a C & P doctor. who posthumously reviewed my husbands med recs. He couldn't believe what they did to him.

VA will go as low as they can go sometimes on these 1151 issues.

Carlie posted these RC contact numbers here some years ago.....

If the RC phone number in this list isnt working for your RC, let me know what RO they were affiliated with and I might have a more current phone and fax number for them and will post it here.

If you can scan the last denial and attach here (cover personal stuff) maybe we could better advise you.

Have you checked with the BVA ombudsman to see if the BVA has all available evidence from you and your info from the FTCA settlement you got?

bva.ombudsman@va.gov

They could possibly give you a status as well.

Hopefully others will chime in here as well.

I still cannot understand how the VA denied your 1151 claim.

I won my FTCA/1151 issues before we had the internet ,as it is today, and neither VA or I had email ability then.

My biggest weapon was the telephone.

You might need to call the RCs office and you might also need to contact the General counsel.....

Or maybe BVA will remand for the RO to do that themselves.

I have no further advise here because I have no idea why the VA actually denied your 1151 claim..or how the VA is usiong the word "Causation" and it would help if you could post the denial on appeal here, or type out verbatim the reason for denial and the also Evidence list.

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

[Ftca 2008 Smc 1151 Qusteion]

Private Steve,

I don't know much about FTCA and 1151 claims. But I am wishing you lots of luck!

thank you

[Ftca 2008 Smc 1151 Qusteion]

Hi Private Steve - I put your questions in a separate topic it will get more eyes on it that way. I thank you for your kind words, I can not however help individual claimants with their specific claims. The website is what I can do, so it's what I do. This has nothing to do with you, it's my stress level trying to do individual claims for folks is just to stressful for me. I hope you understand.

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

[New Article: Va Claims - The Importance Of Understanding Exactly What Are The Issues]

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

New article on hadit.com give it a read and see if you find it helpful.

VA CLAIMS - THE IMPORTANCE OF UNDERSTANDING EXACTLY WHAT ARE THE ISSUES

[Va Medical Malpractice]

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

[Copying And Pasting]

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

[Ftca 2008 Smc 1151 Qusteion]

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

patriot,
Welcome.
Please repost your info and questions by starting it as a new topic in the
corresponding Forum.
Thanks

[Ftca 2008 Smc 1151 Qusteion]

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