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]

Your site is quite interesting-

a word of caution-

Lots of veterans who claim they were injured by VA health care-

weren't at all.

Other veterans might not even know the VA is treating them inappropriately and could eventually cause their death.

They have to get copies of their clinical VA records before they file a Section 1151 or FTCA claim.

And if malpractice occurred-it will be in their records-it might also involve a cover-up-

what I mean by that is if the VA (in documentation) was to rule in or rule out a significant problem-

if the VA failed to continue to monitor this enough to rule something in or out- and the vet has resultant disability because of that fact- the VA is liable for that malpractice.

A chronicly prescribed medication that is medically contraindicated by the veteran's health-that too is malpractice- with resulting disability or death-

The wrong diagnosis is malpractice, if it resulted in improper treatment for the right diagnosis-

There are countless ways the VA can harm a veteran by VA health care- but they are the same ways that Private doctors and hospitals commit malpractice too-

I have helped local vets as well as in my own FTCA/Sec 1151 matters involving all of the above situations.

If a veteran does not have medical evidence in their VA records (or in an independent medical opinion from a real doctor or discovered by a private treating doctor)

and if they do not have an additional documented disability that is or can be medically associated to the malpractice directly-they do not have basis for Sec 1151 or FTCA claim.

PTSD malpractice was one of the problems my husband claimed VA malpracticed on in his Sec 1151 claim.

When they awarded these claims (I filed FTCA too)3 years after his death

they never addressed the PTSD component.

Although my main claim has significant evidence to award it (an AO death claim having nothing to do with Rods 100% SC for PTSD)

I have also found significant evidence in VA med recs, M21-1 doctor's orders, and even in testimony from his shrink in a EEOC case my husband had to certainly prove his PTSD was malpracticed on.

But for that claim (set for DRO) I stated to VA that his SC PTSD itself put him into harm's way by making him eligible for the very health care from VA that killed him.(Awards letters 1151/FTCA)

Also I have documentation (which I made sure at the time -that the VAMC director had put into his clinical record) that I had to get my COngressman to aggressively intervene in Rod's PTSD care.

My long point here is-

I know you are willing to help vets in these matters-by filing the proper types of claims with the VA.

But they themselves have to prove their case.

When the local VAMC found out I won my FTCA naming this as one of the malpraticing VAMCs-there were two-I was suddenly inundated by vets who claimed the VA malpractice on them.

But many had no real basis at all to even consider that.

A Nam vet-my husband's best friend-came here after he had some serious VA surgery done and happened to mention offhand as he was leaving what one of the VA surgeons had said to him-

I immediately pulled him back into my home and prepared a 2 paragraph Section 1151 claim.

In 4-5 months he was shocked to receive an award letter-100% under 1151 plus SMC for negligence.

He didnt even realise he had been malpraticed on.

And I had not even read his medical records but I knew right off the bat-this same VAMC almost killed him--too.

AN IMO doctor will either support these claims or rule out their belief of malpractice.

A lawyer will want to obtain an IMO anyhow-but only of the claim has merit.

It only adds to the tremendous backlog to file 1151 claims that cannot be awarded.If the evidence is in the record or found by IMO -that is what becomes a valid 1151 claim.

Edited May 3, 2008 by Berta