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Everything posted by Berta

  1. This is a very unusual story-I am contacting his attorney because I dont know what kind of settlement he got- maybe he appealed the 1151 denial. We had a widow here about a year ago, in the same predicament. She was trying to file for wrongful death of her husband but VA said the doctor was not a VA employee, but a private contractor-working for the VA. When I FTCAed them I made sure that all of the doctors who malpracticed on my husband were definitely VA employees. “Still, Brian was hopeful because he said the new VA attorney handling his tort claim told him that a financial settlement was likely - and that an expert for the VA concluded his primary care physician had failed the standard of care. "She used these exact words - the VA failed to meet the standard of care and there was a breach - and that there's liability involved and the VA is looking to settle your case," Brian said. But eight months after he filed the claim, that same VA attorney dropped a bombshell. It turns out that Brian's physician was NOT a VA employee - she's an independent contractor for the VA, and under federal law the VA is not legally responsible for negligence by its contractors.” “Why did it take the VA eight months to figure out Brian's physician was a contractor and not a VA employee? The VA won't tell us. The VA and Brian's primary care doctor ignored repeated requests for an interview.” “After months of fighting the VA, Brian did get a settlement with the help of Virginia attorney Glen Sturtevant.” Shortly after Brian reluctantly agreed to the settlement, he received even more disturbing news from yet another VA medical evaluation performed by an outside, independent physician. Dr. Arnold Kim wrote in his report that delays in Brian's diagnosis and surgery "allowed for further destruction of the spinal column." Kim refers to Brian's "permanent injury" and the "red flag" missed by healthcare providers at the VA. He believes the injury to the spinal cord "also led to the veteran's current lumbar IVDS, erectile dysfunction and voiding dysfunction," and that earlier evaluation and treatment "would have likely prevented the majority of the disability from the lumbar spine injury." “Brian traveled to Washington, D.C., in September to meet with lawmakers about his proposed "Tally Bill." It would force the VA to identify independent contractors to patients and require the VA to assume at least some responsibility for medical malpractice by its independent contractors. Congressman Dave Brat of Virginia has agreed to sponsor the bill and plans to introduce it to the House of Representatives in the very near future.” https://abc7news.com/health/va-misdiagnoses-and-delays-nearly-kill-socal-veteran/4451312/
  2. Berta

    Rogue C&P Examiner?

    Thank you Pwrslm! My first call to the WH Hotline brought a response to me within about 3 weeks from former Secretary Shulkin's office.It grew out of suggestions I had made to the President and the Secretary and change the claims process that had been implemented in the Modernization Act.I got a nice Thank you card from President Trump. My last call was this past summer-I was furious to learn that the major malpractice problem at Fayetteville AR was considered by their interim director to be an "isolated incident" and apparently they were trying to keep this hush hush so I called the WH to let the President and Secretary know that over 20,000 veterans ( that total might actually be 30,000 vets or their survivors by now) got a letter advising them they might have been malpracticed by a Fayetteville VA "impaired pathologist". Three deaths have bee confirmed as caused by this malpractice and one of them I fully believe was Mike "Stretch" Sasser, our long time radio technician here at hadit radio and at our former radio show that he himsef set up. His wife got as lawyer right away. My point to the Hot line was this- affected vets ,who should have gotten that letter ,might have moved far from Arkansas, and VA might not have ( or tried to find their forwarding address), plus VA is pretty good about sending out C & P appt notices that veterans never get! The vet is a no show, so their claim is denied. When the OAWB contacted me, I have collected evidence for years on what VA is supposed to do regarding FTCA cases they settle.I sent the NBDP mandate and also links to GAO reports that prove they are not accounting for their malpractice statistic s properly- either under FTCA or under 1151. With the VA's influx of independent contractors, these medical professionals do not fall under 1151 or the FTCA. They would have to be sued in a federal civil court if they harm or kill a veteran. Under ection 1151,38 USC, vets have succeeded in 1151 issues for injuries VA caused that would not be worth the time and money spent to sue in a civil court- but could still get a rating and a monetary benefit for any 1151 issue.But if an independent contractor caused their additional 1151 disability- they would get nothing-unless they pursued this in a civil court. I feel every vet in the VA health care system has a right to know if the doctors, nurses etc who are diagnosing and treating them are VA employees or are in fact independent contractors. I was stunned at how many are now working at the local Bath NY VAMC.The search feature goes by facility, or name. "Our Providers The "Our Providers" online directory lists the primary licensed independent practice providers who may be a lead, ongoing member of your treatment team at the respective VA medical center. Providers in the following occupations are listed on this website: physicians, dentists, nurse practitioners, clinical nurse specialists, physician assistants, chiropractors, certified registered nurse anesthetists, optometrists, podiatrists, and psychologists. By using this tool, you will be able to do a search of providers in the occupations listed above based upon your preferences and needs. For each provider, you will see the following: full name; gender; clinical product line to which they are "assigned"; where they received their medical training; and the school from which they received their medical degree. This information will be "refreshed" on a monthly basis. There may be staff who have been hired or who have departed the medical center since the last refresh of information. For additional information on physicians, we also encourage you to use the "DocInfo" service offered by the Federation of State Medical Boards (FSMB) at http://www.docinfo.org. The FSMB website is updated monthly and is a public website to provide information related to any physician who is licensed in any US state, territory, or district. https://www.va.gov/health/OurDoctors.asp" I
  3. Berta

    Rogue C&P Examiner?

    I mentioed recently that I was contacted by the Accountability Office VA AO WB, due to a complaint I filed at the WH hot line this past June. In my recent submission of evidence to them- I mentioned how many of us get lousy C & P exams -that often force vets and survivors to obtain costly IMO/IMEs before the claim will properly succeed. Every postumous C & P exam the VA did on my husband for the past 24 years was not only faulty but they omitted the probative evidence to support the claim. But this is not the prime issue I have with the Accountability office. It would be great if veterans or survivors of veterans ,who get a C & P exam that is faulty-complain to the Accountability Office: https://www.va.gov/accountability/process.asp Their email is in that link. If I am asked for more info on the C & P situation by them, I have my past C & P info to send to them as well as the fact that they ( my VARO woud not even read my $4,000 IMos from Dr Bash. The BVA did and awarded) They also witheld the autopsy frm a C & P doctor and withheld it from General Counsel, until I found out. The autopsy was my most probative evidence for wrongful death( I had no IMO for the FTCA case) I have a copy of my H VAC testimony on that. But my actual complaint is what I want them to resolve. It has nothing to do with lousy C & P exams. It would be great if others would file a complaint with them in their email,if they get a deficient C & P exam tat denied your claim.. Tell the OAWB as well how much it cost you to get a real doctor prepare a solid IMO/IME to get a proper resolve, if that was what you had to do.
  4. Oh- I was reading this: "In March 2018, through my congressman, I got a meeting with the local VBA head, who stated what I was trying to get via equitable relief was, essentially, an earlier effective date of claim, which I couldn't do. I cited the CY2002 503(c) report, case 13."
  5. Berta

    Rogue C&P Examiner?

    C & P examiners are one of the biggest reason for denials. I am waiting for a copy of the actual postumous exam that was incorporated into a denial on a 1151 claim I had pending. After receipt of my CUE the VA reversed to an award in mere weeks- less than a month- But the evidence list for the denial noted a VACO cardio review in detail, that supported my FTCA case and also this specific claim. it is difficult for me to accept the C & P rendition in the denial, and I asked for a signed copy of the actual C & P and the examiner's qualifications. There is no one in the VA's C & P list who has the extensive expertise that this VACO doctor has. When I get the copy of the actual C & P , I am sending it to the Secretary of the VA. If I dont get it,. Wilkie will get what the VARO put into the denial, that it said. Maybe my RO made the whole thing up. It is absurd that vets have to obtain IMO/IMEs that can be quiet costly in some cases, to prove their claims to the VA . However that is often the only way to succeed. A good IMO /IME doctor will follow the IMO/IME criteria here at hadit and also point out the deficiencies in any bogus C & P exam crap you get.
  6. Your issue seems to be that you want an earlier effective date-, Broncovet said: "Equitable Relief" may/may not be the best route for you. It would take a review of your file to find out which is the best. I think maybe that is the very last resort. Have you tried everything else such as 38 cfr 3.156, filing a nod, filing a NOA, filing a CUE, filing a new application, etc. etc??" I agree. That is what the appeal process is for. https://www.hillandponton.com/argue-earlier-effective-date-2/ I have a CUE in progress for a proper EED, in an award they made 2 years ago. Of all of the multiple legal errors VA has made on my claims, this issue is the only one regarding an improper EED. I was going to let it go-I have a different issue before them regarding CUE on their lack of proper application of a OGC Precedent Opinion. Bu I decided -after reading their rationale for the denial ( which they reversed fast under CUE)-that is they awarded based on my medical evidence,which the C & P examiner had,when he/she denied, the posthumous C & P exam was so medically inaccurate that I do not believe anyone with a medical degree , or any medical ackground at all, prepared it. VA said I would get a copy of the actual exam by Oct 4th, but it has not arrived yet. The EED is clearly wrong.I clearly cited why it is wrong based on my dead husband's VA medical records and also based on a VACO OGC report when I filed FTCA....the same report that warranted the award when they finally read it. CUE is often a difficult way to attain a proper decision BUT,in my case, it has helped me many times. It rests solely on legal error, and the medical evidence must have been established and in VA's possession at time of the decision being cued.And the CUE must be as broncovet says "outcome determinative"- meaning but for the CUE, the VA owes you cash. If the VA had ample evidence that your EED should have been different, they committed a CUE. That would be a violation of 38 CFR 4.6.- the main regulation I have used many times, in many CUEs against them.
  7. Sorry-I thought you petitioned the US CAVC. Equitable Relief: 38 U.S. Code § 503 - Administrative error; equitable relief US Code Notes Authorities (CFR) prev | next (a) If the Secretary determines that benefits administered by the Department have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary may provide such relief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys. (b) If the Secretary determines that a veteran, surviving spouse, child of a veteran, or other person has suffered loss as a consequence of reliance upon a determination by the Department of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys. (c) Not later than April 1 of each year, the Secretary shall submit to Congress a report containing a statement as to the disposition of each case recommended to the Secretary for equitable relief under this section during the preceding calendar year. No report shall be required under this subsection after December 31, 2018. https://www.law.cornell.edu/uscode/text/38/503 and https://www.data.va.gov/sites/default/files/2001 Equitable Relief.pdf 14 cases of equitable relief- These arent easy to win but some do succeed. But Broncovet is right-we have no idea of what your petition is for and why it was denied- Can you scan and attach it here and also the Secretary's denial under B and C?( cover C file #, name etc prior to scanning it.)
  8. Is this the Court's decision on your writ? https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01205334504&caseId=101672&dktType=dktPublic If not can you give us the Docket #?
  9. If you gave VA your direct deposit info- it might be good idea to check your bank statement- from time to time..... often retro checks come or get deposited in banks, before the actual decision. then again, we have no idea how long anything will take these days. And by all means, if they send an audit with the retro go over it carefully to be sure it is right.
  10. The VA rater codes disabilities after the C & P exam. You can find how they code them in the link here to the VA Schedule of Ratings. It begins about half way down the link scroll bar. Do you have a solid nexus to your service for these conditions?
  11. Berta

    Tdiu awarded question

    They might absorb the one month temp comp into the TDIU award. What I mean is they wont pay both for the same month. But best to wait for the actual decision. Then again if you have not applied for the temp comp yet-perhaps it would be retroactive to the date they give you as the EED ( Earliest effective date) for the TDIU... if you apply for it.
  12. Berta

    This could happen to you

    Broncovet said: “Keep us informed, Berta “ about a week ago.... but I can't-this is my last reply to this topic. I just wanted veterans in the VA health care system to understand what the VA is doing as far as hiring independent contractors. If an independent contractor caused a vet harm or death- the only recouse is to file in a Civil court. FTCA does not cover those practitioners. I have had contact with Mr Tally's lawyer-there is far more to this than meets the eye- he seemed surprised at some info I gave him- then again I have been investigating the way VA handles FTCA issues for years and my complaint falls into the Accountability Office's mission's statement, as to when a VA employee does not uphold their own regulations. That applies to Any VA entity to include the VA General Counsel, Office of Medical and Legal-VA- and all VBA persnnel as well. Solo said:"I think Tally definitely got screwed by his lawyer" I told his lawyer yesterday that Tally,in my opinion, got screwed by the OGC. I gave some documented evidence of that via email. This has become a very time consuming matter, to me, because of the outrageous malpractice at Fayetteville AR this past summer. The extent of that malpractice is still being determined, as vets and/or their survivors wait and wait for independent reviews of their medical records, to see if they have been misdiagnosed, and if so, is it too late for anything to be done medically? And will the VA cover up the extent of that malpractice? As they did to my husband's death and to many others, by not reporting th malpracticing doctor, nurse, PAs, etc etc to the National Practitioners Data Bank? So that neither the Public nor Congress really knows who these medical practitioners are, and they go on to remain at VAMCs giving veterans 'health care'.
  13. The Accountability Act of 2017 has brought changes to the VA. Not enough but it is a great start. " Removals, Suspensions 15 days or Greater, and Demotions Effective from January 01, 2018 thru January 24, 2018" https://www.va.gov/accountability/Adverse_Actions_Report.pdf "Removals, Suspensions 14 days or Greater, and Demotions Effective from January 20, 2017 thru December 31, 2017" https://www.va.gov/accountability/Adverse_Actions_Report_2017.pdf My addition shows 1527 removals, 86 demotions, and 451 suspensions over 14 days for employees who have been charged in some way of deficiencies in their employment,from January 1, 2017 to January 24, 2017. But there was a recent downside to this: https://www.disabledveterans.org/2018/01/29/va-employee-accesses-private-veteran-data-termination-caught-selling/ in part: “Phillip Hill, of Benton, Arkansas, formerly worked as a database manager for the agency in Arkansas. He was caught trying to sell personal data in his possession after termination such as data of veterans, their family members, and VA employees. Hill attempted to sell the information for $10,000 to a law enforcement informant after he was fired from employment December 6, 2017. Despite the termination, Hill indicated he could still access veterans’ personal information remotely. It is believed he was able to do so using either a computer he kept or a server he may have stolen.”
  14. Berta

    This could happen to you

    Yes, they could still be sued....the doctor or maybe the contractor. But the problem with that is, the negligent care was provided to the veteran, at a VAMC, thinking the care was from a VA employee. What this means is that the VA has no accountability over who they hire as independent contractors. Therefore they do not have to account for "VA" malpractice ,if it came from an independent contractor. VA manipulates their stats, as it is ,on VA -caused and proven malpractice. If they replace all VA health providers with independent contractors they call tell Congress that VA has no malpractice problems at all. This will take away the right vets have to file Section 1151 claims. As with FTCA- 1151 claims have to be proven that a VA employee caused them harm, or death. But maybe it does not even matter.
  15. https://www.va.gov/accountability/ If you read the pds and this report: https://www.va.gov/accountability/Accountability_Report_101118_1.pdf there are over 2 thousand VA employees since Jan 1, 2018 ,demoted, or suspended- and as the chart shows: 66 demotions 85 long suspensions, and 2148 removals. These involve some Medical practioners, some VSOs, and I saw a DRO and other RO employee on one of the lists. These are not all low pay level employees, as some suggested here some time ago- And a large bulk of the complaints the Office of Accountability receives do not boil down to any serious breach of VA regulation, or any other issue that might not have enough proof for them to investigate the charges. However, I was surprised at the negativity here when I first starting posting about the Accountability Act. It looks like we did 3 re-runs of the Podcast show I did on it. If you do have a serious complaint about a VA situation, and cannot get it resolved and it falls into the Mission Statement of the AO-WP you can and should file a complaint. "OUR OFFICE The Office of Accountability and Whistleblower Protection (OAWP) is a newly created Office within the Department of Veterans Affairs dedicated to improving the needs of Veterans across the United States. On April 27, 2017 the President of the United States established an Executive Order creating the Office to advise and assist the Secretary of Department-wide issues of accountability. OAWP is directed by Kirk Nicholas who provides oversight for the Secretary’s accountability agenda and final review. OAWP manages all internal affairs and has a broad and expansive mission to protect whistleblower rights and recommend discipline and/or termination of employees due to poor performance or misconduct. The Office is headquartered in Washington DC and has satellite resources and programs in VA facilities across the United States. OUR MISSION The Office of Accountability and Whistleblower Protection serves to improve the performance and accountability of VA senior executives and employees through thorough, timely and unbiased investigation of all allegations and concerns. Where these actions are found factually true, the Office will provide recommended actions related to the removal, demotion or suspension based on poor performance and/or misconduct. Additionally, OAWP provides the protection of valued VA whistleblowers against retaliation for their disclosures." The complaint as it says, must be "factually true." I had so much evidence to send to them on my complaint that I narrowed it down to some basic info , to include evidence from some from non VA sources, and evidence of my own situation. Also my complaint involved other potential veterans or their survivors, who could be or have been victimized by the same circumstances, regarding high level VA employees.
  16. Berta

    This could happen to you

    In the Tally case above, the OGC took 8 months to determine if the doctor was a VA employee- and found she was not- she was an independent contractor. In those 8 months Mr. Tally lost his right to file a civil action because the California malpractice SOL ( one year) had run out. I just found a list of what appears to be VA independent contractors-in mere seconds- I only need some more proof that the term "licensed independent providers' is the same thing as "independent contractors" but I am 99% sure it is the same thng. "Our Providers The "Our Providers" online directory lists the primary licensed independent practice providers who may be a lead, ongoing member of your treatment team at the respective VA medical center. Providers in the following occupations are listed on this website: physicians, dentists, nurse practitioners, clinical nurse specialists, physician assistants, chiropractors, certified registered nurse anesthetists, optometrists, podiatrists, and psychologists. By using this tool, you will be able to do a search of providers in the occupations listed above based upon your preferences and needs. For each provider, you will see the following: full name; gender; clinical product line to which they are "assigned"; where they received their medical training; and the school from which they received their medical degree. This information will be "refreshed" on a monthly basis. There may be staff who have been hired or who have departed the medical center since the last refresh of information. For additional information on physicians, we also encourage you to use the "DocInfo" service offered by the Federation of State Medical Boards (FSMB) at http://www.docinfo.org. The FSMB website is updated monthly and is a public website to provide information related to any physician who is licensed in any US state, territory, or district." https://www.va.gov/health/OurDoctors.asp I put the local VAMC here (Bath NY) into the search feature- 5 pages of doctors, nurses, optometrist, psyhologist- etc etc- https://www.accesstocare.va.gov/ourproviders/Main/SearchResults#!#f=8&e=40&p=10&s=30& Shocking- I wonder if the Bath VAMC has ANY VA employees in the health care field by now . I am going to run this by Mr. Tally's attoprney
  17. Berta

    Agent Orange Presumptives

    https://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp#veterans This list is up to the Nehmer 2010 court order. The potential nerw presumptives based n 2016 IOM reports have not been decided on yet by the Secretary.
  18. Berta

    Agent Orange Presumptives

    to add, this link to ebenefits has a link area to the upper right yuou can click on to seek represenation: https://www.ebenefits.va.gov/ebenefits/homepage
  19. The VA will use the date of your claim or claims for any retroactive benefits. Does your county have a Veterans Service agency or any VSO at your VAMC where you could file the claim? I was concerned about what you stated- yes, some of the info here is outdated when you use the search feature. https://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp#veterans These above are all of the AO presumptives. I am posting the link again in the AO forum- I couldnt find it-under a search and also I could not find the Watchful Waiting / Active Surveillance thread. I hope you dont have any other presumptive but if so, now is the time to file for them. You might want to apply on line here- https://www.ebenefits.va.gov/ebenefits/homepage Ypu have to enroll into ebenefits first- but I am not sure that means any type of claim- such as ITF- others will answer that question. The VA web site has somewhere a list of accredited veterans reps. If we know what state you are in we could probably find a few.
  20. Berta

    This could happen to you

    Good for you Solo-I wish all veterans could get Medicare- Thanks for that court link- This is another case as well of the VA having no liability due to an independent contractor. http://www.vawd.uscourts.gov/OPINIONS/WILSON/mcghee v. usa - amended.pdf I thought the court's conclusion was bizarre: “At the end of the day, under the contracts and in practice, the doctors had all of the hallmarks of independent contractors, and McGhee has marshaled nothing substantial to overcome that conclusion. III. For the foregoing reasons, the court will grant the government’s motion to dismiss McGhee’s claims founded on the actions of the two doctors under 12(b)(1). ENTER: March 6, 2014. ___________________________________ UNITED STATES DISTRICT JUDGE “ How is any vet supposed to know if their doctor is a real VA employee-Like Mr Tally said, his VA "doctor" had an office at the VAMC, , wore a white coat, and I think he mentioned she wore a lanyard - (sp) that identified her as working for the VA. The VA has no "hallmarks" for their independent contractors that I know of- otherwise it would not have taken OGC 8 months to find out the doctor in Tally's case was not a VA employee. But for all I know maybe OGC knew sooner and then realised they had a small time frame in which to piss away the Cal. SOL in.
  21. https://madisonrecord.com/stories/511597648-judge-awards-5-million-in-damages-in-va-medical-malpractice-case Apparently his VA doctors were not independent contractors- so the family could sue- as in the " it could happen to you " info in our FTCA forum. Independent contractors are filling our VAMCs as health care professionals and the VA holds no accountability over them, if they damage or kill a veteran. The best a veteran could do is either sue the independent doctor in a district court or maybe sue the contracting firm they work for. Section 1151 isn't even available for compensating any harm an independent contractor might do to you... because they are not considered VA employees. In the case I posted in the FTCA post- it took the General Counsel 8 months to find out the malpracticing doctor was not an employee of the VA- but an independent contractor. By then the veteran's FTCA statute of limit in California had run out to sue the doctor a different way. This is what you all served for? It is unconscionable! I think vets have the right to know if their VA doctors are NOT VA employees. I do not believe it should take 8 months for the OGC to determine whether a doctor, nurse, etc is a VA employee or not. Then again, I dealt with the OGC.
  22. Buck, you made a good point- "most Veterans & Family's are just not that well educated to know how to take action or have a frame of mind LIKE>> we don't have a chance standing up the the US Gov. So no action is ever taken ,even some attorneys are like this and they are well educated. I bet there are countless times no actions was taken in wrongful death suites caused by the VA or the VA Dr's because of this simple reason." You are, in my opinion ,100% correct! I just ran into a friend while at the food store whose brother had a complete cardio workup ( 41 yrs old) and suddenlly died 2 days later of heart disease. The family didnt get an autopsy and still wonders why he died. He was not a veteran but still, if a family wonders about a veteran's cause of death,they should take action. Autopsys cost m,oney but they are free at least here in NY if the veteran is an organ donor.Probably in other states as well. Even without an autopsy , a good IMO doctor can make a valid determination of the cause of death-and if it is malpractice, they will have no problem getting a malpractice lawyer. So far the pathologist in Fayetteville caused 3 deaths- they have only reviewed part of the medical records for the 20,000 plus vets he might have malpracticed on. Some of the other vets are on line at News outlets- waiting to find out if anything serious is really wrong with them. Fayetteville Public Affairs told me they are giving any vets or survivors that are victims of malpractice from the pathologist, information on FTCA and 1151. Even if they are not doing that lawyers have attended their Town Hall VA meetings on this and talked to many there, who had pathology reports done by him. Unfortunately what I often see here from widows who feel VA caused their spouse's death, is probably not a wrongful death at all. Then again they often do not answer my questins ( the same questions a FTCA lawyer would ask) and on the other hand, I bet there are many deaths of veterans that are never questioned at all- that should have been. If the VA fills all of their medical care openings with independent contracting doctors, the VA will never have to worry about malpractice much anymore... FTCA and Section 1151 only applies to VA employees. I griped here over the years about these independent C & P doctors- they might be the very ones VA is getting to handle VA health care in VAMCs. I felt these C & P exams sometimes bordered on malpractice-but they dont -as the C & P doc does not diagnose and treat- but many some of them do by now.It has been difficult for me to find much info on how many of these non VA employee doctors VA has hired. Some of them might be superb doctors- and some might not be competent at all.
  23. Berta

    bicuspid heart valve, child of agent orange

    I don't think so. Could this possibly be a secondary to any SC you have now?
  24. Berta

    bicuspid heart valve, child of agent orange

    This link explains benefits for children of Vietnam Vets who have spinal bifida: https://www.publichealth.va.gov/exposures/agentorange/benefits/children-birth-defects.asp This link explains benefits for children with many disabilities as listed but only if their mother served in Vietnam: VA recognizes a wide range of birth defects as associated with women Veterans' service in Vietnam. These diseases are not tied to herbicides, including Agent Orange, or dioxin exposure, but rather to the birth mother's service in Vietnam. Covered birth defects include, but are not limited to, the following conditions: Achondroplasia Cleft lip and cleft palate Congenital heart disease Congenital talipes equinovarus (clubfoot) Esophageal and intestinal atresia Hallerman-Streiff syndrome Hip dysplasia Hirschprung's disease (congenital megacolon) Hydrocephalus due to aqueductal stenosis Hypospadias Imperforate anus Neural tube defects Poland syndrome Pyloric stenosis Syndactyly (fused digits) Tracheoesophageal fistula Undescended testicle Williams syndrome Conditions due to family disorders, birth-related injuries, or fetal or neonatal infirmities with well-established causes are not covered. If any of the birth defects listed above are determined to be a family disorder in a particular family, they are not covered birth defects. VA benefits for children with covered birth defects Children who meet the following requirements may be eligible for VA compensation, health care, and vocational training: Are biological children of a woman Vietnam Veteran who served in Vietnam during the period beginning February 28, 1961 and ending on May 7, 1975 Were conceived after the date on which the Veteran first entered the Republic of Vietnam Have a covered birth defect, which resulted in a permanent physical or mental disability https://www.publichealth.va.gov/exposures/agentorange/birth-defects/children-women-vietnam-vets.asp
  25. The decision was not what I expected....still the IMO might still be probative to the claim if you file a CUE on the decision. I am focused on the HBP -=we have others here with more SA claims experience, than me. Did the IMO doctor have your complete SMRs, and if so did they make this point: 'while in the service but should have from 7/92 - 2/1995 my average blood pressure reading was 150/85 which was Stage 1 Hypertension (this was the old standards now it is considered Stage 2 Hypertension)....... ' to use the older standard prevalent when you were in the Military? Did they give a complete medical rational for their opinion and refer directly to these readings in your SMRs? Did they have citations and/or excerpts from any good medical text to support their rationale? I paid 4,000 for 2 IMos from Dr Bash years ago- My claim ( which my dumb former vet rep said didnt have a chance)was for a direct SC death based on undiagnosed and untreated DMII due to AO.I had gone through over 6 years of VA medical records, and the autopsy, many times to succeed in my wrongful death (FTCA) claim.My daughter, when she was still in USAF insisted I go over the whole record again because she thought maybe Dad had diabetes and VA failed to diagnose and treat it. She was right. I could not file 1151 death again, but filed instead for direct SC death. VA awarded at the BVA level as the RO refused at first to re-open the claim and then refused to consider the IMOs ( I had a freebee IMO too) and should have filed CUE on them but they took many years to award my other CUE claims. I knew the BVA would award. My long point is that, medical records need a thorough review, as well as SMRs. IMO doctors are paid to review them.I provide my lay medical opinon along with my fee check to Dr. Bash- I know the fee would have been higher if I had not done so much lay medical work. He used the DMII glucose criteria before it had changed, and that corresponded with my husband's glucose reading in his VA lab reports. My other point is this- my FTCA case was for wrongful death due to undiagosed and treated IHD, stroke, and HBP which I had proven. I never saw the DMII connection because of my own stupidity.And not really knowing what diabetes is. I had gone over the autopsy slides many times and thought I knew what a medical term was when I went over the heart slides. This time, I looked up the specific word I thought I understood years before-but I had been wrong. The slide narrative revealed diabetic cardiomegally- the autopsy used a different term but that was what it meant.Bingo. That is why we need real doctors to do IMO/IMEs for us. If they have expertise in the field of the disability claimed,they don't miss anything. Was your HBP IMO done by a cardilogist?

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