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sweeper68
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Posts posted by sweeper68
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Sweeper
I have read the entire thread and I understand that the VA is trying to withhold info that actually may help other Vets with claims that had the same lack of treatment that you did.
Don't forget that part of winning a 1151 claim the VA should service connect you also. Looks to me like you are due retro back to the original award don't leave it on the table.
Pete, I have no intentions of leaving it on the table, according to all I can research and glean from other vets experiences the VA pays 1151 claims as if it were SC at (in my case 100%) I am already 100% SC Ptsd from Dec.95 with a retro in the amount of 67.000.00 in 2003. I get the housebound rate from 2003 also.. Now. As I understand Sec.1151 the 100% PTSD comp. is offset by the 1151 award? Am I correct? In other words no increase in my monthly comp, thus the 1151 is basically worthless to me, and VA comes out unscathed. I came out with severe heart damage! The VA awarded my 1151 back in May 05 after my inquiring and pushing for 5 yrs., my then POA. AMERICAN LEGION, whose offices are located in the same bldg. ( did nothing, nada, zilch )!!! they probably sleep in the same beds too.. But I won't render my opinion of them here.. But If any American Legion vso,s are monitiring this post, you will be hearing from me.. trust me!! the worldwide web has big ears.. On the FTCA issue, it awaits the OGCs decision, which could be years down the road or I could file suit now and the court would make a motion to stay, because I have not exausted all of my administrative remedies!! Turn me over I'm done and pissed again!
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As I have said before on the subject of AO and it's effects on our health. The VA, and the medical associations worldwide have known for some time what dioxin does to the human body. Yet they keep conducting studies as if it's some unfolding mysery!! No! there was big money spent on even more studies that duplicated what they already knew!! To counteract this charade Vietnam vets should send in a Physicians Desktop Guide with a claim and state they want to make a claim for everything listed in it! Hey! that should cover us for awhile! lol Sweeper68
My apologies to all for my rants.. the last few posts I've made are entirely off topic and add nothing to the subject and this should not be the place for VA bashing,.sometimes my anger and PTSD get the best of me! Sweeper68
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As I have said before on the subject of AO and it's effects on our health. The VA, and the medical associations worldwide have known for some time what dioxin does to the human body. Yet they keep conducting studies as if it's some unfolding mysery!! No! there was big money spent on even more studies that duplicated what they already knew!! To counteract this charade Vietnam vets should send in a Physicians Desktop Guide with a claim and state they want to make a claim for everything listed in it! Hey! that should cover us for awhile! lol Sweeper68
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I'm back!!! and I am getting ready to file 2 more FTCA and 2 1151 claims... I've been under the weather lately but am ready to go back to battle with theThat would be too easy on them.. I was leaning more toward putting them in a cage at the zoo and letting the monkeys sling poo on them while we watch ! lol..
system we all know and love for taking such good care of us vets! while recovering from a bout of sinus infection. I was reviewing my many reams of medical reports and I came across a cardiologist notation on an EKG report that states Sinus Tachycardia extensive t wave changes.. (Heart rate too high) abnormal changes possibly due to myocardial ischemia.. lack of blood flow to the heart... A well known cardio doctor in my area made these observations in 1996!! The VA had these reports in my C file.. You think they ever followed up on any of these? NO! Let me throw this out there.. If a vet files a claim for IHD and is diagnosed with it, the FTCA statue of limitations clock starts rolling.. could this have any bearing on the foot dragging regarding IHD claims we now see being implemented by VA? So I am filing a claim for failure to treat myocardial ichemia! Someone please feel free to chime and correct me if I'm wrong, it won't be the 1st time LOL! Also filing both for failure to treat glaucoma and resulting in partial vision loss in left eye// A VA note in my records state that patient was lost to follow up!! I have a strong family history of glaucoma it is noted in my records as fact. but yet they lost me to follow up??? I haven't changed my residence in 20 yrs, so How in the Hell did I get lost ??
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Putting some of them in orange jumpsuits for a while would help.
That would be too easy on them.. I was leaning more toward putting them in a cage at the zoo and letting the monkeys sling poo on them while we watch ! lol..
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Those that are charged with the responsibilty of caring for our vets and fail to do so in an professionalThe day he died I promised him I would[sweeper 68-never knowing with no indication at all that hours later he would be dead.
The VA almost got away with this wrongful death.If I had not done the medical and legal leg work they would have.
The award letter I got on the more recent claim a few months ago still bothers me.
These were AO conditions they misdiagnosed.
Still0 seeing a service connected death award has Honor to it for him -the wrongful death awards held no honor at all.
and caring manner will carry dishonor all the days that they live, as well as those that tried to cover it up! Every veteran at one time or another in their military service wrote a blank check payable with their lives to America! Sweeper68
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I went back to your other posts because I forgot how you claimed these as 1151 disabilities-
Yes -failure to treat! or what the regs call "omissions of an act" sameo sameo
You case is similiar to my FTCA.
My husband's heart disease, strokes (and now his AO DMII) was proven to be evident in his clinical records (EKGs, blood work, ER notations, etc and they were all diagnosable and treatable for 6 years prior to his death.
Failure to treat that causes residual disabilities or death= equals 1151 and/or FTCA award.
Berta, I'm very sorry that you lost your husband to such gross incompetence and I'm sure he would be proud of you for carrying on the fight for veterans!
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Berta.. My 1151 and FTCA are based on failure to treat.. I posted all these untreated conditions on an earlier post. I'm thinking like you that they felt the Direct SC for Coronary Bypass at 100% would negate their liabilty.. wrong! I have residual heart damage and am nowhere near the physically strong individual I was prior to my MI. I worked in the construction field most of my life and could outwork men half my age! Now, I get exhausted and tire very quickly and take several meds to keep going. But above all I'm a fighter and have the tenacity of a bulldog ! LOL. But back on the topic, I know the VA does not share info to or with other VA dept's. The VA atty. handling my claim told me as much.. That's OK I'll share.. Sweeper 68.......
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I wonder if the VARO felt that the award of direct SC trumped the 1151 issue and they didnt continue to see the need to process the 1151.
But if there is an 1151 award letter-that should be sent to the OGC for the FTCA case.
What disability did they actually cause?
A wrong diagnosis is not necessarily a ratable 1151 scenario.
As you know I had both successful 1151 and FTCA claims.
I won the FTCA claim first. It was a privilege to deal with very tough VA lawyers who actually knew the regs and understood to a degree enough medicine to know my claim was valid.I even had good dealing with the VA's top CArdiologist.
Long story there-she first denied the claim and then when I found what the RO had deliberately kept from her- she gave a scathing report to the OGC on multiple malpractices which caused the veterans death.
I could not get that report until they paid me off.about 6 month later I won the 1151 claim.
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This is the point am making.
The Section 1151 award letter was a devastating rendition of the actual malpractice.They laid t out briefly but it was chilling to see in a VARO document- the VA 's admission of wrongful death.The award letter still gives me chills.
BUT even though I settled with the USA (you dont settle with the VA under FTCA but VA handles the payment)
the VA settlement papers always contain NO admisson of guilt.
My long point here is if there is a Section 1151 award letter you never got, and if it is anything like mine as to their admssion of malpractice, then that should speed up your FTCA case.
There is NO established procedure at all for a sharing of info between the VAROs and the OGC on 1151/FTCA matters.
All evidence for each case must be sent to the entity handling the case. What I mean is that a FTCA award does not mean a 1151 award is 'automatic' and vice versa.These are two separate issues but I do mean that the evidence can be used in both ways for an award.
This was when I realised that the VA would deliberately withhold evidence from another part of the VA.
We have to submit it to both VARO and the OGC ourselves if these 2 types of claims are filed on the same malpractice situation.
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sweeper,
I was sure glad I had an an attorney do my FTC.
From what I know - when you finally get to a Federal Judge - the court will probably order pre-trial mediation.
I would even want an attorney in there with me for mediation.
From the time we filed suit in Federal Court until everything was finalized, it took five years total.
jmho.
Thanks for your input Carlie. but as Berta said most attorneys will not get involved unless there are millions of bucks involved. I even had one state that he had rather be speaking to my widow than me!! He was a class act for sure.LOL! I will have an attorney present if it gets to that stage,but his speciality is in Gen Practice not FTCA.
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I am totally confused.
Berta, I am too..
I'll try to lay it so it might be a little clearer. I filed a 1151 and FTCA claim in 2002.. In 03 I was awarded SC for CAD .(No claim was submitted by me for this) The FTCA claim was mailed via registered mail and signed for. Time marches by and I inquire about the status, they say it was lost and to file another one which I did. They jiggled my disabilty designation around for a few years from CAD to CVD and back finally to Post coronary bypass. They closed my 1151 claim with no reason given. Just said it was closed, period .I filed an NOD and asked for a de novo review and sought to get it to BVA, which never happened. I found out recently in talking to a VSO that they awarded the 1151 back in 05. I was not notified of this.. At this time I await reciept of the 1151 award if indeed he was truthful in his statement. Now, on to the FTCA claim, it is being processed by the VAOIG in my region, this is according to the VA atty. assigned to my case..She said I should be hearing from them soon.(2 months ago) soon in VA lingo could be 20 years!! This is a somewhat condensed version of the events that have transpired. but to ascertain what is actually happening is this, Delay, Deny and Confuse . the merry go round they love to spin a vet around on.. Hope this is helpful Berta!
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WTF!
. "Anyway I recieved a letter from VARO stating that they would send it to me in 60 to 90 days."
Send what =the 1151 cash? or the 1151 award letter?
Why would it take them even more time-if they awarded years ago- to prepare the award letter?
This is really a new one for me.
Have you heard anything at all from the VA General COunsel or regional VA lawyer as to the status of the FTCA claim?
Maybe that was awarded too and they never informed you.
This is one of the most unusual situations I have ever seen.
"cloak and dagger style" yep- it can get to that point when you file FTCA/1151 claims.
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Is this the same rep who told you to leave the damage amount blank on the SF 95 form?
Reps are never a good source of info for FTCA claims and really cant handle them. Hs advise however was the dumbest I ever heard regarding the SF 95 form.
Most vets (OGC told me this) fail to put the figures into the proper columns and then fail to total them. They have to reject those SF 95s until they are corrected.
Also many lawyers wont step into a FTCA case if the vet has not asked for plenty on the SF 95 form.
I asked for millions.
Berta I assume I may recieve the award letter on the 1151 claim. The status on the FTCA claim according to my assigned VAIOG attorney is, it's close to being decided and I will recieve either an approval or denial soon l! I spoke with an FTCA law firm and he said since they are processing it and that it could take up to year to finalize. He said I was where I needed to be in the process and would probably recieve an administrative counter offer. And if I was not satisfied I could then sue in Federal Court. He stated that it would not be in my interest to get them involved since it has proceeded this far as they would get a percentage of any proceeds that was awarded. This sounded reasonable to me.?? No I did not leave the amt column blank on the SF 95, that was a letter of complaint to the VA hospital that she told me not to ask for an amount certain. She has since retired. Sadly I did not ask for millions, but close to 1 million.. If you go back to my earlier posts you will see that they awarded SC for Post coronary bypass after after changing the the diagnosis from CAD, CVD and CHF.. As for Post coronary bypass being listed as a condition of disabilty I'm not sure! that seems to be the status, not a disabilty designation. My current ratings are 100%PTSD, 100% Post Coronary Bypass x 4, 10% hypertension 10% Knee 10% tinnitus and yet to be determined IHD (agent orange.). The only thing I can see that was done to hide the 1151 award, was rating me 100% Post Coronary Bypassx4 not stating or informing me this was actually a 1151 award! A backdoor award in a sense, to avoid my having an actual document stating that fact in hand! They are slicker than a greased pig.. With all the smoke and mirror tactics they are employing all I can do at this point is wait it out. Unless you can make more sense out of this than I can!!! Maybe they were waiting for me to croak. Hell.. who knows??LOL..
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hello everyone.. I just dropped in to give an update on my ongoing FTCA claim. And also add what was recently discovered concerning my 1151 claim, after constant pursuit as to why the VARO closed my 1151 without full adjudication. I go to my Congressman's office where to my surprise I found out during a 3 way phone conversation involving a VSO concerning another issue, that I was awarded the 1151 in Aug. 05!!!! I said . this is Breaking News to me sir.. Maybe you could tell why I never recieved a copy of this decision ? Of course he played brain dead. Anyway I asked how I might be able to recieve my documentation of the award, and he said to send a request thru my congressional reps office and ask for it under FOIA! WOW! I find this unbelievable.. Lies atop more lies.. Anyway I recieved a letter from VARO stating that they would send it to me in 60 to 90 days.. I can honestly state that this cloak and dagger style used by VA is mindboggling ! Of course I will believe this it when I see it (my 1151 award copy)... Sweeper 68
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Good deal Bob. fighting a parking ticket all the way to court..LMAO! We don't like being left behind on paper trails nor bureaucratic BS trails either !! Way to go man! Keep that attitude... Sweeper 68
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Good question Bob.. you see I live in Al. where in years past courts and judges awarded exorbitant amounts to claimants. This led to TORT reform in the opposite direction. And now every atty. I have spoken with touts the cost and developement difficulties involving FTCA in my state.. Others located in other states recommend a local atty. So I am left to go it alone, except that I have a atty. friend who assists me even though FTCA is not his speciality.. I know of 2 vets in my area that are having the same problem.. I plan on going Pro Se and presenting my case face to face with the federal judge, if I can wade thru the procedural requirements, which I feel I can do! Thanks for your service also, Sir ! Sweeper 68
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Under USC 38-5109 plainly states ( claimant SHALL be furnished a copy of the IMO report) no room for if and but or maybe in that lanquage! My point here is to uncover the blatant lies that VA spews out to those who seek fair and lawful resolution to their claims. They require the claimant to submit their IMO, but want to play cat and mouse when the same is asked of them.. BS!! Anyway I think that it may be beneficial if this USC were pinned here on Hadit for all to see and add to the knowledege of veterans and their right to see documents that may help with their claims.. JMO. And to add an update on the IHD issue,I went for a C&P recently and was told by the examiner that I would be SC for IHD. And the cardiologist opined that this disease being added to the presumptive AO list was nothing but politics!! Her evidence... since we are getting older and THAT most of us smoked while in Vietnam the problem must be age and tobacco ! Of course me being me, I rendered my opinion as well! LOL.. Sincerely, Sweeper
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The question as to whether or not the vet has the right to see the IMO report done by the VAOIG in a FTCA claim.. (see my Jan. Post)
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Link doesn't work, here is the law USC 38-5109
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http://www.law.cornell.edu/uscode/html/usc...----000-.htmlta, Berta what is your take on this ? It's not agreeing with what the VAIOG atty. told me..
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Poll
in Agent Orange
Picture this ''Two guys in a foxhole hoping the next round don't land on top of them and one is smoking a cig and the first guy says "Man those things could kill you!" LMAO..
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Hello again Berta, I thought I would give an update on my FTCA claim.. Spoke to my assigned atty. at VAOIG and she said it was still under investigation by a hospital outside of their VISN for a IMO. And a PEER review would be NOT be done. Is that SOP for this? And when the IMO was complete I would not and could not recieve the results ! I mentioned even if I asked for it under FOIA, she said it was still privileged! What CFR will show that this is indeed the case? And where can one obtain a online training manual for the handling of FTCA claims ? On the IHD and Agent Orange presumptive issue. I filed a claim for it on the advice of my county SO in Dec. and go for a C&P next month! WOW! It seems they want to resolve these claims bullet quick.. For the good of vets or not remains to be seen. No luck on a FTCA atty. so far. but I have a good friend who is a regular Joe type lawyer and he is guiding me as much as his expertise in this will allow. Thanks for you advice and concern.Berta.. Sweeper
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Well Carlie here is my take on this. The Agent Orange Review letters I recieve have listed a limited suggestive association of Heart disease and AO for years now! Time is on THEIR side not ours! This releasing of a few AO diseases at a time has been going on for years. When in fact they have had the known effects AO exposure and the medical knowledge in their possession since the 50's. So it's a matter of who knew what and when did they know it! They hid it behind the problem of studying the exposure rates of veterans! Like a little bit of exposure may not be harmful. That's like saying a little bit of cyanide might not harm you!! I just see it as slowly revealing the truth about AO as time goes by and there are fewer of us Vietnam Vets left to worry about.. Sen. Akaka is no friend to vets !! JMO. Sweeper
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Hello Berta, I am updating on my recent contact with the VAOIG. The attorney assigned to my case informed me it was still under investigation. She was much more friendly and helpful this time as opposed to her arrogancy the last time I spoke with her ! Anyway they recieved the second mailing of the SF-95 on Aug.1 09 and I had the option of going ahead and filing suit in Federal Court if I so choose. The 6 months will expire in Feb. 2010, so I will wait another few months and see what developes. I have been studying Cardio testing procedures and what test results warrant further testing and blood lipids indicative of cardio problems existing. Also involved in studying procedural law for FTCA claims. I understand some Federal Courts have a program set up for assisting citizens in Pro Se FTCA claims action. I believe I have a solid chance at success considering the med reports stating Abnormal ekg, enlarged heart, coronary insuffiencies on 2 different C&P exams and abnormal blood lipids! Plus the IMO letter from my cardio doctor. I am also in possession of an inter office memo conversation that occured between my Congressional rep.and a review officer discussing discouraging the possibilty of me filing the 1151! And a physicians report (private) that had the diagnosis portion blacked out with a blackbox that had the words "Courtesy " visible. I brought this up in my documented evidence submission and asked for an explanation. Speaking of courtesy have you seen the proposed bill intoduced by Sen, Akaka stating that SC for any new AO disabilties would be effective only to the date that the new presumptive disabilty was officially added to the AO presumptive list? If this so called courtesy bill passes vets will only be rero'ed to the date IHD is added. Sweeper
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Berta, No correspondence at all except for acknowledgement of the reciept of my SF-95. The time frame is close to the 6 months, but I will check to see exactly when they got it. I am going to request copies of the VAOIG medical review under FOIA and see what tranpires. And if they decline my request have them cite the CFR regulation as to why I am not entitled to it ! I would retain an attorney if I can find one willing to take it on. You mention going against the VA and most attorneys go haywire and run ! LOL.. I guess they feel if it's not a slam dunk, then forget it. But I can assure you if I were dead they would jump on it like a chicken on a Junebug! They seem to be afraid of the causation clause in a heart attack since it is hard to nail down. But No treatment on a diagnosed disease is malpractice any way you shake it ! And I'm afraid the they will use this tactic in finding vets SC for IHD in this current AO announcement by Shinseki. When I find the date on the SF 95 I will post again with the date and how they respond to the FOAI request. I will probably end up going Pro Se and they of course have the upper hand as they usually do. But if I go down. I will go down fighting! And again thanks Berta your experiences have been very helpful .. Sweeper [ Berta ,] From following the posts by Stillhere his case sounds exactly like another vets experience I know. He presented with chest pain and was told by the ER Cardiologist he was not having a MI and sent him home. The next day he had a major MI and a Coronary bypass x 4 !! He also filed an 1151 and FTCA and like the rest of us (still waiting) he had a traveling BVA hearing and it is still in limbo land. I find it odd that they can use the (known or should have known clause) as a potential bar to FTCA, when the VA doctors are given a pass on the very same rule !! If anybody should know if one is having a MI and or Heart Disease it would be a doctor. It falls in the area of Failure To Treat does it not? As an additional thought Berta, would you possibly know how one would go about checking the PCP's credentials? The clown I had was from India and has been charged with Medicare fraud shortly after the VA cut him loose! I am not sure he was authorized to practice medicine in the U.S. Does a web site exist where one could check out a physician? ....Sweeper
Perfected Ftca
in FTCA Federal Tort Claims Action
Posted
I thoight I would add another tidbit of an example of VAs' efforts to avoid the 1151.. An award letter in 2003 states " You are already service connected for Hypertension and CABG ( bypass surgery on a direct basis) effective Dec.95 !! We cannot award 1151 benefits as this would result in pyramiding.. I found this statement astounding! I was rated for CABG 5 years before my heart attack and bypass surgey, now,, is that not a miracle? And yet another award letter states "We have decided to award 100% SC CABG effective Oct.2001 which is the date we recieved your claim."(the 1151).. Just one more example of their efforts to keep the 1151 from going to BVA and getting a full review. I know for a fact the OIG took a look at it, because I have a inner offfice memo in my records that discusses it being with the OIG in 01... Will find it interesting to read the 1!51 award letter when it arrives, but it probably will be a copy of the one I already have..I have a word of advice to anyone pursuing an 1151 claim.. Get a copy of all your disabilty ratings and the medical designation they have listed on them, because they flipflopped my designations around to suit their needs at the time!! sweeper68