What Should This Vet Do?

[helpmesue]

Hi, I run a site - helpmesue.com - and one of our recent cases involves a vet who claims to have been abused by his superiors and the VA.

Can you guys give some advice on how he should proceed?

Here are the details of his case. Thanks!

Kevin

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"I have been mistreated by the VA for over 10 years, and now at the age of 39, I am unable to do what most of you take for granted, without dealing with alot of pain.

I was 11B or infantry in alaska, during my time there, my body was destroyed, the persons in charge broke almost every rule in the UCMJ while i was stationed there, they thought it fun to fully gear up thier troops, pile a nice 4x4 peice of wood on them, and make them run up and down stairs until they fell over sideways unable to move any part of thier body, they caled it being smoked, I called it destroying thier troops before they were ever able to see battle.

I was never allowed to goto sick call for my back, I was told to suck it up, The only time i was allowed to goto sick call, was when i developed plurasy due to 7 min mile runs, which is also a violation of the UCMJ, 8 min mile runs is the norm, which i never had a problem completing, so directly after i ETS from the service, I went to the first VA in Norcross GA, complained about my back, was given a x-ray and told to go home, there was nothing wrong with me.

This continued for many years, all i was ever given was a back x-ray and told to go home.

During the years after my service, I have grown progressivly worse, and now I cant have sex, I cant walk up and down stairs without a buttload of pain, I spend the majority of my time, trying not to move the wrong way, and flare up the pain in my back.

Also recently I got fed up with thier treatment, and went to a regular emergency room where i live, and for the first time in 10 years of care by the VA, I recieved a Cat Scan, this scan showed my backbone was a upside down question mark, and also that my spine turns in on itself, when i walk now it feels as if my back is made of 2 peices of seperate stone, that constantly grind toghether, I am also in the middle of obtaining a laywer for my SSID case as well, as I am desperatly trying to get other medical treatment besides the VA, because.... The VA refuses to give me physical therapy in my home town, They started it for 1 month, then found out they were giving me aqua therapy, and pulled the plug, and told me that from now on i have to drive to Erie PA, to recieve PT from them directly.

This is impossible, and they know it, I have been unable to work for around 3 years, How in the world can i afford to drive from ashtabula ohio, to erie PA 3 or 4 times a week ?

I have all my medical records, and I desperatly need help in this fight, I signed my name on the dotted line, and was prepared to offer my life in the service of my country, all i ask for now, is to try and have a semi normal life, and to work towards allieviating the immense pain i live with on a daily basis.

The VA promised to offer my quality medical care, and instead in my honest opinion, due to thier inability to offer said care, I am now a 39 year old man, who lives a sad sad lonley life.

Please contact me if anyone knows of any way to either force them to offer the care they swore too, or sue thier pants off so someone higher up is foced to step in and fix things."

[Berta]

Whether he is service connected or not he can file a Section 1151 claim against them and he can sue them under FTCA.

There is plenty info here in some recent posts and available under the search feature on both types of claims.

FTCA has SOL of two years from time of knowledge of malpractice.

Both of these types of claims require medical documentation of malpractice and a resulting disability (or death) directly due to malpractice.

I strongly suggest he get a IMO to prove malpractice and then he will not have any problem getting a lawyer with a favorable IMO- or just contact some of the lawyers on the net who focus on VA malpractice claims.

[Pete53]

Nice that you would like to help this Veteran but you are going to hit brick walls on this one. VA treats a lot of Veterans like this.

I would see if the News Media or his Congress People can help him.

Good Luck

[helpmesue]

Thanks for the replies, I'll relay the information to the vet and suggest he follow up directly on this thread. You guys are great.

Kevin

Nice that you would like to help this Veteran but you are going to hit brick walls on this one. VA treats a lot of Veterans like this.

I would see if the News Media or his Congress People can help him.

Good Luck

[SeattleShay]

Have him request a copy of the VA x-rays, they have to provide them, and have them looked at by a "real" doc.

I'm fighting this problem right now with my coccyx that was fractured into 3 pieces in 1980, and was never taken care of.

It took 28 years for someone, believe or not a VA contract doc, to finally see what had been there all along....or maybe just admit it outloud.

I haven't decided on an 1151 or FTCA yet.

[Berta]

It might help too if he listens to my radio show on Section 1151 claims:

http://www.stardustent.com/

Under SVR archives it is under week of July 18,2007

Any media player should bring in the audio of it-

Malpractice has a trail-it is either in the medical records or the cover up of it is-

he needs to get all of his medical records.

I feel he might have a very valid claim of medical negligence.

[helpmesue]

Thanks everyone for replying. I've forwarded your comments to the vet who posted the case. In case you guys wanted to check out the original post, it's here:

http://helpmesue.com/post/569/

There are a few cases from veterans who are seeking help, and it mostly centers around the VA. Personally kind of shocked at the state of affairs... quite shameful IMHO.

thanks guys!