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Found 12 results

  1. Hello, can someone tell me what the va is asking for and or why ? (va is requesting a 1151 development to VAMC) I never filed a 1151 claim.
  2. Hello, can someone tell me what the va is asking for and or why ? (va is requesting a 1151 development to VAMC) I never filed a 1151 claim.
  3. Local V.A. failed to diagnose my Graves' Disease for several years even though I clearly had documented symptoms and blood work that showed thyroid dysfunction. They blamed the symptoms on other things, and just totally ignored the blood work. Graves' Disease is not that bad of a disease if detected and treated, but if left untreated it does all kinds of damage to your entire body. Mine was left untreated for so long that it created what is known as a thyroid storm (very deadly) and heart failure. V.A. sent me home the day I was having the thyroid storm and heart failure. Told me I was just having panic attack. Local E.R. (civilian) saved my life a couple hours later. Ended up having my thyroid removed, seizures, heart damage, and other disabilities due to this. After I found out the V.A.'s rules about disclosure of adverse events, I requested they do one. They concluded that they had done nothing wrong???? I then filed a Tort complaint 6 months ago. It was denied by regional council a few days ago??? Also file an 1151 claim with RO benefits office. Not sure if they were supposed to, but local state V.A. office gave me a copy of the V.A.'s report for 1151 claim. It clearly states that the disability was foreseeable, Dr. deviated from standard of care, and added disabilities are a direct result of failure of V.A to diagnose the disease in a timely manner. Can not find many lawyers that handle Tort claims around here, but the ones I have called have all said they do not have time for claims against the V.A. unless the veteran was killed or wrong limb removed. WOW!!!! Anyone know a good TORT lawyer that can handle a claim in the Mobile, Al. area? I not only was tortured for several years, but I will now have to deal with these disabilities for the rest of my life, and have over $130,000.00 in actual debt as a direct result of this.
  4. Is this FTCA worthy? Thought I was posting in the correct Forum with my original post...know this is in Berta's wheelhouse: I am receiving 100% TDIU (90% SC w/remaining based on IU) since 2014. Saw an APRN from 2010-2016. In that time they (APRN/MD) prescribed Lorazepam at first 2mgs (1mg twice a day). Had already fought VA solo for a decade in getting the diagnosis for SC PTSD and GERD back-dated and had tried a laundry list of prescribed meds but had had no luck. I was asking the APRN repeatedly about dependence on the Lorazepam, side-effects, etc...all documented. Was even told in a C&P by a PhD that the drug is "not addictive." I was told repeatedly the importance of "medication compliance" by the APRN. Despite my life spiraling, all documented, the APRN kept prescribing. I even asked the dosage to be reduced. I never had a face-to-face with the MD as required by APRN/MD protocol in all that time. I had gained thirty pounds, was drinking heavily, was forced to sell a self-started business due to IU, and deaths of significant others, etc...all things that should have likely prompted a sit-down with the prescribing MD. Fastforward to just-prior-to Christmas 2016 I received a letter stating I was being reassigned to a new MD. Within seconds of our meeting the MD had already stated he had not read my chart and then proceeds to just berate me stating "I was an addict...look at you." I sit forward in a chair to hear. He would have known that if he would have simply read my chart. I held my tongue and just let him spew. He then states if I continue taking the drug I will "end up in a nursing home." In the same sentence, while essentially yelling at me, he says if you stop taking it you will "drop dead from a seizure." To say I was stunned would be an understatement. I said nothing. I had been told for the past six years that this medication was a "wonderdrug" for me and I was told by the APRN to remain "compliant" in taking the med. I am not an addict by the way. I was someone that had taken a drug EXACTLY as prescribed for over six years while being assured and reassured by an APRN that it was nothing but beneficial for me. All documented. I was never told this drug was life-threatening. Again, I never abused Lorazepam only taking it as prescribed. I had heard enough from this MD, also the Chief-of-Staff of the clinic; I asked him "if this medication is so dangerous then why have I been prescribed it for so long?" His response still resonates with me. I think at that moment he realized HE was the doctor signing-off on the APRN requests for that length of time...but he didn't stop talking. I knew that he was the MD before we ever met that day. His name was on every bottle filled. He admitted he "likely was the doctor signing-off" and "he had so many patients he just signed-off on the APRN requests." What?! His facial expression was priceless when the reality of what he was telling me hit him; he immediately began to throw the NP/APRN under the bus saying "she had a history of over-prescribing." He was incredibly rude, brazen, and unapologetic in his admisson. He even put in my progress notes from that day that my taking a half of a half of a 1mg Lorazepam as needed was my "attempt to ween myself." This was untrue at the time and I feel was a vain attempt to cover himself somehow. I reported everything that was said to the patient advocate...her response..."you caught him." I have since discontinued the med not without horrible withdrawls and am now having uncontrollable muscle movements with my right hand curling inward with fingers locking rigidly, memory loss and gait/balance issues. I am obviously "unemployable" as well. The MDs attempt to taper me from the medication was questionable as well...he told me to "only take it if I need it" instead of a proper taper. The patient advocate and her supervisor have mentioned the Form 95 and my Rights. During the time I was on the medication I was in Chapter 31/35 Voc Rehab. I experienced just about every form of employment discrimination there is as a first-year teacher.That's a nightmare by itself. Just to put this out there...EEOC is a joke. I disclosed my hearing impairment prior to being hired on a pre-employment checklist, which is an illegal inquiry by the way. When I had a simple disagreement with an Assistant Principal about a collateral duty he placed me outside from Nov-Feb next to a running industrial-sized generator. When I requested to be moved I was ignored. EEOC opined not only was this normal but even allowed the opposing attorney to claim I had "never disclosed nor was disabled" despite having written proof. EEOC even allowed the opposing and one of its own directors to question my military service. I was forced to resign. I hope that hits home for folks on this forum. If EEOC can scoff at my military service and a VA SC disability then what does that say about their REAL view of ADA/ADAAA, veterans, and SC disabilities? I can't get a teaching interview due to retaliation from my former employer; EEOC is aware but refuses to even open mail from me. Again, EEOC apparently does not care about some veterans. I filed in Federal Court pro se when no attorney had the brass to represent me. Instead of VA Voc Rehab advocating for me, which they are required to do by statute, and helping me keep my job for a very specific disability disclosure prior to being hired as a teacher, they (VA) simply deemed me "unemployable." All the while they were prescribing a med that was obviously making my SC disability much worse--obviously hindsight helps here. The two MDs I have seen since 2016 both agree that not only was the dosage excessive, too prolonged, but most importantly that given my pre-existing SC of PTSD the expectation of very specific outcomes should have been expected. See Laskowski v US (Dondershine opinion). According to my own research since the FDA has no clinical studies past several months for Lorazepam much less six plus years...further FDA states very clearly that in certain patients, PTSD symptoms could/will be compounded. I have spoken with several attorneys that claim to handle FTCA cases. So far the majority only are interested in "catastrophic injury" cases. Considering I am faced with possible lifelong issues related to this med and a complete lack of accountability between APRN/MD is this FTCA material? I have read the Laskowski v US case which seems similar despite me not being a criminal. I do have a face-to-face appointment with an attorney in about a week. Please advise.
  5. Can't get "Answer Question" to come up on this post so will edit to add at the end. Editing to thank Berta for her Post. today is March 21, 2018. Still waiting for the response from the Judge to my rebuttal brief to the motion to dismiss by the U S Attorney. Attaching my objection and brief filed March 6, 2018. I'm attaching my Pro Se Complaint filed in U S District Court on December 15, 2017. Also the U S Attorney's motion to dismiss. I would like to hear any suggestions of U S Code and CFR articles that should be challenged under Sec (4)(d) of the 14th Amendment which was ratified on July 9, 1968. "The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void." For one, I would like to challenge the payment of back payments in rates that have been raised via COLA increases. My challenge is the Amendment was ratified under the gold standard. While there were variances across the land in how much gold it took to buy a good horse, the price of a good horse did not vary the way inflation affects the price today. The dollar we receive in past benefits should buy the same basket of groceries it would buy at the time the debt by the government to us is recognized. We need to challenge the Feres doctrine again now that the Sec (4)(d) is recognized in the Appeals Court process. From 1968 until the Court of Appeals for Veterans Claims was established Sec (4)(d) was essentially written out of the 14th Amendment by refusal to hear or by decisions such as the 1955 Feres decision. There were no cases in annotated texts of Appeals decisions under Sec (4)(d) when I first attempted to address the problem of the minimization of organic brain syndromes including damage by mild to moderately severe TBI, diseases, and other exposures such as oxygen supply interruption. I'm also requesting assistance in researching case law to counter the U S Attorney's response. I will be doing research via Fastcase.com and will post for any of the problems listed by others with their claims that I have read that I happen on to. I also have a pending Appeal to the CAVC which I will update on this thread. Presently the VA has made 5 form letter responses to the CAVC saying my dispute with the RBA remains open. No detail required by the Clerk's Order has been provided regarding the attempt to resolve the dispute. I have received no personal contact from the two attorneys assigned to handle the case. One for the case and the other for the disputed RBA. Can't get "Answer Question" to come up on this post so will edit to add. To Challenge under 14th Sec (4)(d): 1: Limitations of effective dates to other than evidence of onset of disability and evidence of increase. (look up U.S.C 38 AND 38 CFR) 2: "Closure of Claims" by VA without consent of Veteran. (look up U.S.C 38 AND 38 CFR) 20171215 Court complaint.pdf 20171215 Court complaint tolling.pdf 20180103 POS Rebuttal CM-EF Reg.pdf 20180103 Rebuttal obj eq tolling.pdf 20180109 DCDW denial Motion Eq Toll.pdf 20180213 U S Motion to dismiss.pdf 20180306 Objection to Dismiss.pdf 20180306 Objection to Dismiss Brief.pdf
  6. I need an FTCA attorney. I have a Wyoming attorney willing to stand in as the Wyoming attorney for filing in the U S District Court for the Wyoming District. Is any available frequenting this site or can I get a referral from someone. The case involves prescribing a medication, Tegretol, for "atonic seizures" that was contra indicated, made my condition worse and then the West Los Angeles VA RMC Seizure Clinic refused to change medications. When It made me so bad, after 5 months, that I weaned myself off an quit the drug they still wouldn't provide a different drug and instead diagnosed me with "pseudo seizures" which cannot be done if there is a record of epileptiform spiking in an EEG as is the case. From the Physicians' Desk Reference: " From the current online PDR, “Carbamazepine is not recommended for use in petit mal…” (absence) “… seizures, atonic seizures, or myoclonic seizures because it can exacerbate these conditions. If a worsening of seizures occurs when therapy is initiated, this possibility should be considered.” (copywrite by PDR, LLC, 2017) This is exactly what happened to me and when I complained in the last of 1990 into 1991 the Seizure Clinic refused to change therapy. Tegretol was approved in 1968. It had 22 years of service before it was prescribed to me on a diagnosis of "Atonic seizures." I'm not sure the warning in the current PDR was in the 1990 PDR but assume it was because of the years of service. I lost approximately 32 years of optimum employability and employability. My finale full time employment was in 1985 with a 2 year break to a part time job, that ended in 1990, which was essentially a charity job working for a business manager of a well know actor in Los Angeles. The seizures are the result of an anterior temporal lobe injury in 1969 and went undiagnosed until 1985 and then untreated until confirmed in 1990. Following the diagnosis of "pseudo seizures," I was untreated for seizures until August of 2015 with a drug I could tolerate. No drug was tried until a private NB Ward physician tried Lamotrigine in April of 2014. The immediate effect was great but in three days I developed Steven's Johnson's syndrome. Keppra wasn't tried until August of 2015 here in Wyoming, and has been working very well. I'm currently service connected for a TBI at 40% with a combined rating of 70% and granted TDIU from 2009 per a BVA Decision on May 11, 2017. There is a remand in the decision that may take the TDIU back to either the claim in 1987 or the end of the part time employment if it is judged as "substantially gainful employment." The pay was and there is a statement of the now deceased employer in the record stating that I was paid 4 days for 3 days work which I wasn't able to full fill and part of the work had to be shifted to another employee.
  7. Does anyone know if it's true that tort award funds are deducted from 1151 award funds? Is 1151 a lump sum or is it payments? There is another Veteran's community website where a senior person says, and I quote, "any amount that you receive under the tort will be deducted from the 1151 payments". I thought 1151 was for additional disability caused by less-than-standard-care and tort's were for all the rest including loss of consortium etc etc. Thanks again, A/Owife ps - thanks broncovet!
  8. December 31, 2015...had a DRO for an appeal on a "1151" claim. The "1151" for malpractice/negligence has been pending since May, 2011! Obviously, the DRO was denied for the same wrong reasons as before. My prior VSO had filed a C.U.E. previously...and, that was denied. Currently, have no representation. Question?: Do I give up...and, say the VA has won? Is this what the VA wants me to do? Do I have it certified and go to BVA? Do I opt for representation? VSO? VA certified lawyer, etc? Referrals? If I opt for representation...may I pick anyone from anywhere in the states? Also, what's the difference between "1151"and filing a complaint with the OIG? FYI, currently residing outside of the country, permanently. Thanks for the input.
  9. There are 5 ways of obtaining Service connection, and not 2 like most VSO's state. The ones most VSO's often state are Direct and presumptive. However, there are 5: 1. Direct 2. Presumptive (this means there was an "act of law" which means you get service connection if you meet the criteria for the law). 3. Secondary. This means your service connected condition somehow caused another illness/injury. 4. Aggravation. This means you while you may have already had an injury in service, your military service "aggravated" and made worse your condition. 5. 1151. This means you sought medical treatment and one or more of your VA treatments caused an injury or illness. If you like, please give your example of how you won your claim with one of these. For example, I think Berta won an 1151 claim as the Va apparently caused her late husband's illness or even death.
  10. I recently had surgery at the VA and during the anesthesia process a chunk of my gums were remove and my jaw bone became exposed due to the tube they put down your throat for breathing. The surgery was not an oral surgery required any removal of my gum tissue. This has happened 22 days ago and the gums have not healed. It is painful and I am restless. I went to the dental office and they said they haven't seen anything like this and that I may need to see an oral surgeon. I told my VA rep about it and she mentioned filing a 1151 claim. So I am asking Hadit for your take on the situation and thing you would do in my case. Thanks in advanced.
  11. Hello all, I was trying to research some information for my brother. He is a Marine corps veteran who developed diplopia while in service. Also while in service they performed 2 surgeries that made the condition worse!! The recommended he for a 3rd surgery but this time with a specialist. He is currently service connected at 30 percent for diplopia. Could he file an 1151 Claim if the surgery was performed at a Naval hospital while in service? and if so would it be a CUE for them not automatically applying this regulation? Thanks for your help in advance, Shyne
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