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LeonEarle

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Everything posted by LeonEarle

  1. Ms. Berta, I have already contacted the Archuleta law firm in Austin, Texas. I did this before I became aware of the hadit website and began reading your informative posts. I forwarded the last of my VA medical records to them last week and they are reviewing with an expectation of providing counsel regarding my case later this week. I have provided them online documents from American Urology Association, American Cancer Society, Kelsey Seybold (local here to Houston, Texas), Memorial Sloan Kettering Cancer Center, and VA publications which show standards of care and specific guidelines (KS, MSK, and VA) all related to prostate cancer. I have also provided them extracts of the studies that showed the link from Agent Orange to Prostate Cancer from two VA studies that were published in "Cancer" magazine in 2008 and 2013. I first became aware of my elevated PSA in January of 2014 so I am well within the 2 year time frame. It may well be that the Archaleta law firm would have recommended an IMO themselves but I am not content to wait on others for all the information necessary or desirable for my case. I am blessed in one respect. I did not know that my Kelsey Seybold records included information about an asymetrical prostate and a PSA performed in 2008 but on investigation I found it. In addition, my VA records show both a request for these records and receipt of them by my primary care physician. I will review again the records provided me by the VA looking specifically for those items you suggested. Thank you all for your comments and guidance. I will keep you posted.
  2. I am boots on the ground Vietnam veteran 1969-1972. I have successfully handled my own compensation filings with the Veterans Administration for Diabetes type II, renal disease, liver disease, hypertensive heart disease, bilateral peripheral neuropathy in legs, and bilateral peripheral vascular disease. I am currently rated 90% with 10% added for unemployability, Permanent and Total. In December 2013 I began having urinary difficulties which resulted in medication and orders for a PSA from my primary care doctor at Michael E. DeBakey VA Medical Center. The prostate biopsy performed in May revealed stage 4 prostate cancer with a Gleason score of 9 (4+5 for 6 biopsies and 5+4 for six biopsies). I have sent a letter request to the Veterans Administration for compensation requesting that Prostate Caner, presumed caused by exposure to Agent Orange, be added to my list of service related disabilities and this effort is ongoing. Their response is expected in the next month. I am also pursuing an SF-95 claim suggesting malpractice as a result of failure to diagnose. These are my positions; 1) Physical exam performed in 2008 by Kelsey Seybold noted asymetrical prostate with PSA at 1.5. 2) These records were provided VA for compensation and copied to my primary care physician in 2009. 3) UCDavis/Norther California VA Medical Centers study published in Cancer in 2008 shows that Vietnam Veterans exposed to Agent Orange are 200% more likely to get prostate cancer, 75% more likely to have aggressive prostate cancer, and 400% more likely to have mets. I believe this information should have been shared with primary care physicians throughout VA determining that in country Vietnam veterans were high risk for prostate cancer. Another study published in 2013 from Portland VA shows the same results as UCDavis. 4) VA medical center guidelines state that annual counseling regarding prostate cancer should be conducted. 5) A review of all medical records from May of 2009 to January of 2014 do not show counseling, digital rectal exam, or PSA. My claim of malpractice is that given evidence of asymetrical prostate, study results indicating Vietnam Vets at high risk of prostate cancer, and VA guidelines to annual counseling at a minimum, the annual counseling should have been conducted which would have resulted in detection of the cancer at a much earlier stage. My question is this; Given the type of claim that I suggest above, will I still need an IMO? In reading posts on this forum it seems to me that I may need an IMO for review of my records confirming no counseling and supporting "standard of care" as counseling on an annual basis as a minimum.
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