sweeper68

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

Yes the OIG has the IMO along with med reports stating coronary insuffiencies abnormal ekg, Reduced LV function. abnormal blood lipids and a goody bag of info on hyperglymedia, bad LDL and high triglicerides.and the risk of MI associated with these levels! Oh ! and I did not rely on the VARO for any sharing of medical records.As far the status on the FTCA, the second submission is probably sitting on someones desk. I plan on visiting the camp again and see what if anything is being investigated. That is why I am considering going ahead with the filing at Federal Circuit Court to force a response from them and to trigger the discovery process! And to add to the Ischemia discussion, I was diagnosed with Ischemia in early 96. No follow ups no treatment for blood level abnormalities.. So vets beware and don't rely on VA to properly diagnose issues concerning the heart or diabeties.. Sweeper

Yes I filed a SF-95 back in 2002 mailed (registered) VAOIG in DC. And they said it was sent to the VARO,I made further inquiries and was told they had no record of it ! Imagine that.. Anyway I was advised to submit another one and they signed for this one as well . Got a letter stating they got it and the name of the VA attorney to handle my claim and if I needed assstance to call her. Well I did call her and she was, let's say not very friendly or helpful ! I had entered the enemy's camp . so much for the friendly letter!! In fact they investigated the first FTCA claim and 1151 because it was evident that when I went to the Outpatient clinic afterwards some their employees let the cat out of the bag with their derogatory statements! Oh and it gets better when I contact a law firm that specializes in Malpractice claims under FTCA.. The attorney after hearing my situation tells me he had rather be talking to my widow and fluffs me off! After I render my opinion on his comment, I tell him where he can stuff it! As far as the IMO is concerned I have a written opinion from my private cardiologist stating what he would have done if I had presented to him with the my conditions, and it is much different than what the VMAC did.. I plan on visiting the enemy camp several more times before I am done.. And going Pro Se if need be ! I am pretty sure the VA snoops monitor this site and the cat and mouse game continues ..LOL Sweeper

Yes I am 100% PT PTSD and 100% Post Coronary Bypass 10% HBP 10% Knee . And yes on the direct SC for Heart bypass. I recieve the Housebound rate because of the 100% and an additional 100% rating. My objective is to have my 1151 fully adjudicated as well as the FTCA claim. I believe the reason for the flip flopping on my rating designation is because they knew this about IHD a long time ago. They just observe us and see what happens with the dioxin exposure and the resulting health problems we develope ! AKA Guinea pigs. I called the Benefits phone # and the lady asked if I wanted to go ahead and file for IHD. and I said why. so it can be added to the never ending claims process ? I will not give up the fight and will probably croak with several NOD's pending ! Want to hear how bright they are? The rated me for post coronary bypass all the way back to 96. I corrected them by letting them know my heart attack and surgery did not occur until 2000..I have plenty of evidence of negligence and an inner office memo between my congressional laison rep and a review officer discussing discouraging me on filing an 1151 claim! I also have my complete C-file and medical records from that time period. I just want a chance to present my case to people that have a clue.. Good Luck with that eh! Thanks for listening Berta Sweeper

Sorry for the delay in answering Berta. The first letter I recieved after filing the 1151 stated I was SC Hypertension on a Direct Basis and since I was already SC on a DB I could not file for 1151 benefits. But the HBP was awarded secondary to PTSD and this would result in pyramiding.. They changed my rating from CAD to CHF and finally Post Coronary Bypass graft 100%! And then retro'ed it back to the date of the MI. And 100% PTSD in increments of 50-70 and finally the 100% PT. It seems they can't decide what rating will cover their ass. I have echo and X ray records showing enlarged heart and abnormal ekg on 2 different C&P exams. blood tests shows high triglicerides and cholestrol. this was never addressed nor treated. And AO was denied in 96. So I believe I have a solid case.. And here is the kicker. I was awarded retro pay $62,000.00 and Ch. 35 in 02 after my MI and sending letter of my intent to file an 1151. In other words they awarded 1151 while not stating that they did!! Why? because they would lose hands down in the Tort claim.. I don't care if I recieve another dime I just want this resolved and for the VA to take better care of us veterans! Maybe current and future vets will get better care as the result of my actions!! And yes I was incountry in Vietnam 67-68 combat engineer lll Corp central Highlands Thanks for sharing your experiences with us.. Larry

Hi Berta, I've been reading all the posts about IHD and AO. Here is something of interest in my 1151 claim . I had a MI in 2000 and coronary bypassx4. After I recovered I filed an 1151 against VA for negligence. They of course denied then closed that claim. But then out the blue they rated me for Post coronary bypass graft at 100%. In other words they said no but awarded SC on their own! I suspect to preclude any admission of responsibilty on their part. I am confused to say the least, I have filed a SF-95 with the VAOIG office where it will sit until I formally file with court. To further add to the confusion they have changed the rating designation from CAD to IHD and finally Post coronary bypass graft (presently) ! I also have a rating for Hypertension at 10%. I also have a medical report from a private physician back in 96 showing abnormal T wave and a note to check for ischemia. The VA has had these med reports since 96 and did no further diagnostics until after my MI in 2000. I have requested Congressional interest from my Congressman to have my 1151 fully adjudicated and I hope to get it to BVA for their review. Any advice on this would be appreciated.. Thanks

I filed a letter of complaint to BVAMC after suffering a heart attack and residual damage due to their (BVAMC) not addressing the diagnosis and complaint (non treament of a known condition for 3 years ). Instead of filing a complaint claiming an amount certain the VSO told me I could write a letter of complaint to the hospital but not to enter an amount for damages ! Of course they never replied to my letter.And I filed an 1151 within the 2years of my heart attack. It was denied after 4 years in the merry go round called adjudication. But strangely enough they awarded a 100% rating for heart shortly after learning where I was going with my complaint.. I did not even submit a claim for the heart ! anyway I filed an sf 95 (registered mail )shortly afterward and it got lost after waiting for a reply for 2 years and was told to submit a new one !! Yes! the ride is just beginning! I submitted a new claim( copy of original ) ,this time time they admitted reciept of the claim.I know the FTCA law stating you must notify the offending agency for a claim to be valid, so the question IS. do I stand on solid ground as far as procedure goes? My POA is the American Legion and my opinion of them is lower than a snakes belly ! Anyone with knowledge that could assist me would appreciated.. Sweeper 68 Vietnam Vet 67-68 Central Highlands