Retribution After Filing Ftca Clain

[otey2171]

I've been in severe pain for the last year after the VA attempted a spinal tap. I told them that I had a spinal tap in the past by a private doctor and that floroscopy (live xray)was used and that It was difficult even with xray, to perform the procedure.The private spinal tap was done on the first try. The VA doctor and nurses ensured me that there would be no problems. After 4 attempts without xray the doctor gave up and left the room. They left me on the table, I couldn't get up until my wife helped me up. For the next few hours I couldn't stand upright. During the procedure I kept getting sharp shooting pain down my right leg.

I've been in constant pain since the spinal tap. If I try to do any lifting or moving things I get to a point were I can't walk without holding on to something.

I'm scared if I make a claim against the VA I'll suffer retribution by either the VARO or the VAMC were I get treated.

Should I fear retribution by either?

[Berta]

If the VA performed the second spinal tap incorrectly and you can prove that you have resulting disability from their negligence-I would file a claim under Section 1151 if I were you.

Or another one under FTCA.

Retribution?

Someone suggested that is why the VA has not resolved my AO claim in over 5 years-

because I sued them for wrongful death-

my AO claim regards further malpractice and I told the OGC a few months ago- if I could sue them again I sure would-

My husband said the AM of his death after he spoke to the Buffalo VARO on the phone- that he feared they were going to fill him(he had already filed the 1151 on that) and that they would try to kill me too-

They did kill him-they aint going to kill me-

I have never given VA retribution a single serious thought- our medical evidence is what it is.

My problem was retribution from my own POA-

they deliberately took steps to ensure my medical evidence would never be considered by the VA for my AO claim.

(OGC is processing that complaint-the OGC has jurisdiction over complaints regarding lousy vet reps)

BTW-The VA didnt kill my husband because he filed a Section 1151 claim-

their documented medical malpractice started many years before he filed it.And just like Dr. Katz in the suicide broo ha ha-many VA doctors said "Shhhh!" and the medical evidence supported that fact.

[otey2171]

Thank you Berta,

My fear of retribution is that I'm 100% IU T&P and that they might mess me around and reduce me.

[callover007]

Hey Otoe,

Been a while. How did your other claim come out. Drop me an e-mail and I'll update you on mine.

I'm not positive but I think 1151 award is offset by comp award.

Callover007

[Pete53]

For the most part I don't think the VA will seek retribution but I sure as heck would not see the Doctors.

Edited April 25, 2008 by Pete53

[carlie]

I filed and won (guess you could call it that) a FTCA Claim.

My VA SC Disability Claims have not progressed very far since then.

On the issue of my 1151 claim that I had, the DRO states in the decision

claimant has previously settled this issue through a FTCA, so this issue is

no longergermane to the decision. In my mind this is proof of retribution !

Hope this helps a vet.

carlie

[Berta]

Carlie- the VA tried to pull that on me too-

As long as they make a Sec 1151 award which is based on a FTCA award- they still have to resolve the Sec 1151 award.

I contend with VA that I still have an open issue under Section 1151.

They claim this issue was resolved by the FTCA claim award but it wasnt.

They CAN say that they have offset your FTCA award to your Sec 1151 award-but that too depends on the settlement-

as I mentioned here before the VA claimed for years that I would have about 17 years offset to my DIC under FTCA award- that was wrong-

they not only sent me the DIC money they withheld for almost ten years illegally but promptly began sending me my DIC checks.

This was unusual situation and I fought for what I wanted.

But still they have to rate and acknowledge the 1151 disabilities they caused.

As I stated before my CUE claims involve the lack of any rating whatsoever for the heart disease that VA misdiagnosed and which killed my husband.

They also rated his 1151 stroke at 100% but never acknowledged it for accrued SMC.

Survivors of FTCA Section 1151 veterans will have a difficult time proving this mapractice contributed to the veteran's death if the VA fails to rate the malpracticed conditions.

As long as both Sec 1151 claim and FTCA claims are filed the VA cannot say that one makes the other moot- they must rate the 1151 conditions and give them the proper DC.