TexasPI

To answer the above: Yes it is an 1151 for "as service connected" by means of injury inflicted by medical care at a Va facility. Yes, I've contacted lawyers, about an FTCA and even filed a form 95 myself, the attorneys love a case where it is very easy to see the VA amputated the wrong body part, they however (are pickers of the lower fruit) and do not like cases like mine where they will have to spend several thousand dollars for an expert witness. It is appearent that the VA provides them with a quite ample supply of mistakes which are so easy to prove there is no work involved! In my case - they severed the nerve to my left diaphram which renders my left lung ineffective - a major problem with this is that even thought they have diagnosed me as stage III COPD following the surgery, you cannot look at me and tell anything. This appears to be a big hang up for the hot shot lawyers, because I look OK and live a very reduced but somewhat normal life (aside from breathing), I'm not missing the wrong limb or anything like that. It's been a very educational and painful journey over the past five years. I had filled out means test, however (and a heads up for you other vets out here) after losing my businesses, home and having to relocate 5 hours away and in another VAMC region - I was never informed - YOU MUST FILE A MEANS TEST AT EACH AND EVERY MEDICAL PROVIDER IN THE VA SYSTEM ! Since I had not done so, thinking that if they could transfer all of my entire medical records, and pay records to the new system along with my file, I was never aware of the need to do this. Under the VA laws, if the payment is beyond 180 days past the service or prescription, it goes into default and CANNOT be appealled. And I have challenged and appealled these withholding twice - I lost both times. Even though I currently do not even have to ever fill out a means test again! I was on an expedited appeal and processing due to financial hardship - do not waste your time! First of all when I relocated they automatically closed the financial hardship expedite and did not even inform me. When on the phone with them about three months ago this is what I was told: Well I see they wrongly closed out the expedited claim, do you have a place to live and are you stable now? My answer, if you mean do I have a roof over my head and do I eat, yes! I'm living on 40% disability and Social Security disability. Fine then: you are no longer eligible for hardship consideration! I'm very stressed to read on here yesterday that my appeal two weeks ago, may take a full year before I even get the results of a hearing which lasted at most 30 minutes! This is the most convaluted system I've ever seen. And when I watch these Judges on the Supreme court making ruling on federal cases which have begun, been heard and been appealled all the way up to the supreme court in lest time than my VA claim has taken - SMDH!

Question? Since I have an appeal in the process for the next year, what about my claims not addressed in the appeal? Has the C-file technically been removed from the system pending appeal until that decision is made or can I file for a De-Novo review by a DRO based on current medical findings for sleep apnea? I need every amount I can get, I'm drowning and filing bankruptcy as soon as I have enough money to pay the lawyer to finish it - the paperwork is done but I cannot afford to pay the $2500 to get it filed. My SMR's indicate sleep issues, my buddy letters reflect that I've had sleep disorder since in the service etc. The new medical oppinion which was used for the appeal also directly addresses Sleep Apnea as a contributing factor to some of my medical conditions. If I seek a DRO, will it effect my appeal or vise versa? Thanks, Dennis

This is just so discouraging and such a theft from the veterans! It would seem to me that veterans should be able to get compensation for the amount of undue stress inflicted on them just having to go through all this crap for years ! My appeal went before Traveling Judge two weeks ago today, I was permanently 100% disabled by a VA Doctor at Houston VAMC, I have not been able to pay attention much less for an IMO until I finally got on Medicare this year and pleaded with my Cardiologist to write me one litterally two days before the appeal hearing. He wrote a very solid letter, he's gone over all my medical and surgical records and not only states that they misdiagnosed my condition and that the surgery was not called for but that they in fact did cause permanent injury performing the procedure with a lack of skill or knowledge. I called the BVA last week, they say that my case doesn't even have a docket number, I knew no decision was made yet but called to request it so I could track it in the future without having to call and bother them. I asked, don't all cases before the judge have a docket number? She said yes, but for whatever reason your's does not! Now I'm reading I guess it will be a year or more before I actually get any relief. Stressed! I've lost home, a child who died at age 30 (I'd been unable to travel to see for two years), a wife, two companies I was running when I went in for the procedure which the doctor told me I would be back to work in a week to ten days. I finally got 40% non-related and have Social Security which is withholding because of SBA loan default, and the f..ing VA is withholding for the medication I now have to take for pain from the permanent damage they caused in the surgery! They've managed to beat me out of over $1500, and I got a letter last week telling me they are fixing to collect more, but cannot provide a billing or accounting of where all the money has been applied and to what, WTH SMH in dismay at the audacity of them to claim to be improving to help the veterans, lies! All this started in 2009, since then the VA has on their own closed my request for expedited claim, and now says since I'm recieving SS and have a roof over my head I no longer qualify. They've closed completely my TDIU claim which was dated back to 2010 or 11. Now it shows closed and I've been told that they recieved my letter of disagreement but I filed no form 9, which I did, I told them I have the registered return reciept and they claim that must have just been for my NOD! Thieves - every one of them! Anyway, that's where I am - guess I'll be stuck here in limbo another year!

Greetings, I may well be on the wrong page for this question but here it is: The VA has been withholding from my benefits for "medical procedures and medications" This has amounted to over $1500 in the past 17 months. I got a letter the other day and I got no help at all when I called the number, basically telling me the VA claims I owe it so it will result in more withholdings from my benefits. I currently just had an appeal hearing for 100% disability due to medical malpractice at the Houston VAMC where a student physician with a suspended license severed my larygeal and phrenic nerve during a misdiagnosed (experimental) sub-clavian bypass graft. I have not returned to work since and am on Social Security and recieving 40% disability. Since the nerve damage was not deemed SC - these azzwipes are actually charging me for the medications to deal with the pain from the surgery and other things. This began with them treatining to stop my payments until the full amount of $700 was collected or I could make monthly payments. Well seeing as how I was living on air at the time, I of course opted for the withholding of the $75 per month. Well I am now $1500 plus down in the past 17 months, and actually since being awarded 40% saw my very first full payment since 2012 this month! Now they are telling me there is another bill out there and that of course it is beyond the 180 days and cannot be challenged but that they are collecting another $600 Plus dollars for it, by withholding from my disability! Including the disability I live on roughly $11,000 a year now! I need every dime and I can not seem to get anyone to actually provide me a statement - it appears that the people on the 800 number provided know nothing other than the total amount to be collected. When I ask the morons to look at their computer, look at my pay records (which they miraculously can do) they say yes I see where we have been withholding the money, but they cannot tell me the beginning amount of the transaction nor the balance? WThell? I've appealled the letter once before and asked for a waiver etc. All a waste of my time. They continued to steal money from me every damn month. Now it looks like it will all start over again this next month and I cannot get any answers. I've been exempted from filing a Means Test for over two years. And some of these bills have got to be after that. Help! How do and who do I get to someone who can provide me a written statement of these bogus charges and an accountability of the funds collected?