Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

What Should This Vet Do?

Rate this question


Question

Posted

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

--------------------

"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."

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Posted

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.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

  • HadIt.com Elder
Posted

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

Veterans deserve real choice for their health care.

Posted

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

Posted

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.

Posted

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.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Posted

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!

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Matrev earned a badge
      First Post
    • Patrol Agent earned a badge
      Conversation Starter
    • Patrol Agent earned a badge
      Week One Done
    • Patrol Agent earned a badge
      One Month Later
    • Grey Goose went up a rank
      Rookie
  • Our picks

    • From CCK-Law.com

      VA Disability Payment Schedule for 2025

      VA Disability Rates 2025
      • 2 replies
    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use