R762

Are you getting treatment for your heart?  I hope you are not depending on the VA.  The VA diagnosed me with a 60% rated heart condition and I never was referred to a cardiologist once in ten years.  I use my own private doctor.  The VA also ignored my high blood pressure as well.  I would not trust these VA guys with anything that might kill you.  Going to the VA is like seeing the "Doc in a Box".  We get very basic care IMO.

"Question: Would this fall under negligence or would this fall under Malpractice?"
Those terms are the same thing for VA purposes.
I dont know if the "resident doctor" ( you need to google him/her )would fall under VA employee- but I bet the cardio docs or any VA health practitioner who knew of the heart problems but did npthing- were VA doctors-but since the VA started using contracted doctors- (who are NOT VA employees) you have to establsh if any of the doctors who " failed to diagnose and treat in a timely manner" were actual VA employees.*** see below
The normal FTCA statute is 2 years after one's knowledge of the mapractice.
You state might have a dfferent statute- this is wghat hap[pened in the Tally case- available here under a search.
We have a link to the VA web site "Our Providers" page, and you might find dome of the doctors there-
I hope not-if they were contractors they do not come under Section 1151 , or the FTCA, but you could sue them in a federal district court.
There is plenty of info here on FTCA and 1151 claims.
"I went to an IMO , and he was shocked and said, "Someone dropped the ball....you're lucky you're not dead." He refer me to a Cardiologist for further review. (This appointment is on Monday)."
***The quote is from my FTCA case( F 95)and Section 1151 claim. I won- wrongful death- of a combat Vietnam Veteran-my husband.Undiagnosed and untreated for IHD , DMII and inproperly treated for HBP and catastrophic stroke.
I had no lawyer nor any IMO doctor, just 6 year of horrific malpractice in my husband's VA medical records, and due to his being an organ donor, a 6 page autopsy that supported all of my charges.
There is the offset factor , explained in the FTCA/1151 forums here. I am the only claimant I know of who subsequently proved that VA killed a AO veteran-direct SC death granted in 2009-the VA had to refund my FTCA offset.
I regret this happened t you- we never knew my husband had heart disease at all, and even a VA cardio told me his heart was OK- (while this same VA cardio doctor was working with another neuro or two to cover up the malpractice that had begun at a different VAMC.) They failed.....and per OGC Pre s Op 08-97 they (VA)still owe me cash.
My husband was only 47 years old when he died.
If the cardio doc is willing to write an IME for you- there is info here to help with that.
VA negligence.//malpractice has a paper trail in the med recs, often very hard to decifer but it is there.
You need to check your state's Statute of Limits on FTCA as well as see if all of or any of these doctors involved actually work for the VA.
 
 
 
 
 
 
 

Your amazing. That is a huge amount of really useful information and i just wanted to say thank you. Im new here. I have not claimed PTSD or any other disability since getting out, however i have just recently been looking into it for my families sake. So thank you again really.

http://www.vba.va.gov/VBA/ptsd.asp

Q. How has VA changed the rules for PTSD?

A. We changed our rules on the evidence you might need if you apply for disability compensation for PTSD.

For years, we

I think you are fine. Someone (all of us really) have to keep them in check.

Remember the VA is here for you, you are not here for the VA. This is your claim and you have the right to check on it as many times as you want if your not satisfy with the answers you are getting. Besides I think the internet service rep and the rater/reviewer are two different people any how. I think it will not affect negatively on your claim. Good luck.

Was your C&P Exam done at the VA? The out sourced examiner I had in 2005 totally low balled me like that. I am curious if you appealed this or not. Do not give up! That is the VA's modus operandi. They want you to give up. Hoping for the best for you.

TG1979; I would start contacting those that were with you when deployed, ask for buddy statements. I know that the buddy statements from my unit helped validate my in-service connection. 

I read your DBQ (as opposed to studying it) and compared it to my own (2013).  In many regards it was very similar, the biggest exception being multiple combat (VN) stressors and a host of other conditions.
It gets a little confusing about what documentation was reviewed.  I am assuming you provided  most of it.
The military personnel who were killed or injured at the Pentagon were awarded the Purple Heart as they should have been.  That makes the attack an "enemy action."  I believe that influences the need for a confirmed stressor, but you provided one anyway.
Under "Occupational and social impairment" the level marked by the examiner is almost word for word the VBA criteria for 30%
"Occupational and social impairment with occasional    30%
decrease in work efficiency and intermittent
periods of inability to perform occupational tasks
(although generally functioning satisfactorily,
with routine behavior, self-care, and conversation
normal), due to such symptoms as: depressed mood,
anxiety, suspiciousness, panic attacks (weekly or
less often), chronic sleep impairment, mild memory
loss (such as forgetting names, directions, recent
events)."
I agree completely with Berta.
FYI, I was awarded 30% with the same level marked on my DBQ.

I agree that this is at least 30% and with the claustrophobia could be rated higher.
VA rates PTSD heavily as to how employability is affected .
Personally I would give you 100% but VA doesn't care what I think. I would make them go broke. None of you are really properly compensated in my opinion.
My husband was on a Rescue Recovery -USMC in Vietnam ...horrible. He still had nightmares about it prior to his death.
I commend you for being so proactive about your claim! The older decision will tell us more about the CUE potential.

Here we go again... [8:00 Off to the VA]
VA Examiner, "You have consistent unquestionable evidence in your claim. [2 hours later] I will be noting that you have with out doubt Service Connected PTSD." 
That went smoother that expected. We'll see what actually gets put on paper. 

Here we go again... [8:00 Off to the VA]
VA Examiner, "You have consistent unquestionable evidence in your claim. [2 hours later] I will be noting that you have with out doubt Service Connected PTSD." 
That went smoother that expected. We'll see what actually gets put on paper. 

On second thought its a 10 page report.
Its a DBQ  for initial PTSD Questioner by/for the Examiner
not sure the form #? but if  you can get your hands on this form  you can read the questions that are ask.
I got a 70%rating, the examiner addressed all the questions correctly, I have good Hygiene and dress causal ...and I can take care of my $$. ...so for this reason I was not awarded 100%

I'll have to hunt down the C-File. Should I ask my DAV representative if he knows where I can get this? I hate to say it, but I think I ripped and burned the denial letter in 2005-2006(?) out of rage. I've tried to request my C-File through ebenifits or MyHealtheVet. I have a copy of the fax (and fax received receipt) I sent to the freedom of information act officer asking for all my files the mil has on me. I'll try to get those files somehow.

We were across the St. I have about 10 buddy statements from other soldiers that were there "next to me", yes, there were a lot of remains/bodies that we came in contact with and moved (I prefer not going into detail out of respect of those that died). I have 2 military awards and a Noble Eagle certificate with facts on it. I did not go to counseling while I was in (my mistake), I was a PFC and was doing my best to fulfill my duty and didn't want to deal with the peer pressure BS. None of us admitted we needed the help when we did/nor did some of us realize that we should have really sought that help. They held a meeting at Conmy Hall at Ft. Myers. No-one was going to freaking stand up and be called out by their peers, during that meeting too we also signed a packet disclaimers that were collected at Conmy Hall. I don't remember if that was during or after the search and rescue efforts. I think it was shortly after our duty was over at the pentagon. Our Company was sent to JRTC following 9/11 as OPFOR (probably to get our unit's mind of things)... then we really didn't talk about it.

I found this at :
http://vets.yuku.com/topic/147901
Combat vet who also was at Pentagon 9/11 and he got a BS PTSD denial too. He might have an open email addy there and maybe you could check with him as I don't know how he made out by appealing the claim.
That disclaimer stuff is very concerning to me.....I don't suppose you were given a copy of what you signed????
Disclaimers usually intend to prevent someone from doing anything about something.....
My daughter has the Global War on Terrorism Service Medal and the Noble Eagle too I am sure, but her MOS was classified, Top Secret in the Mil
but I think maybe these were awards for all servicepersonnel who served during 9/11 with some direct input into the immediate actions our Mil took  during and after.
I think the buddy statements you have would be critical as well as a complete copy of your inservice records...SMRs as well as your 201 Personnel file which you can request on a SF 180 at the www.archives.gov web site.

YES, the DAV rep might well have a copy of it...maybe......
are they still  repping you on this ridiculous denial?
These are 2 9/11 PTSD vet claims at the BVA...both different circumstances, but awarded:
 
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp11/Files3/1121148.txt
 
http://www.va.gov/vetapp09/Files1/0909116.txt
It astonishes me that these awards had to come from the BVA ( adding years to the wait) probably ,in my opinion, because the ROs employ illiterates.