Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ads

  • Fund HadIt.com Veteran to Veteran LLC

    fundraising.jpegHadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Advertisemnt

  • 0
Sign in to follow this  
vaf

Feres Doctrine

Question

I've signed many petitions over the years and wrote letters to congressional representatives regarding an attempt to abolish this doctrine. As I'm sure most of you know, the Feres Doctrine allows the military medical system to provide substandard care to active duty military free of any culpability or vulnerability to lawsuits for medical malpractice, even when the substandard care results in death.

It was borne from a need many years ago to exempt wartime field medics from legal accountability for triage care administered on the battlefield. Now, it exists to protect military healthcare providers from accountability and lawsuit for substandard care.

I personally know a nurse anesthetist who went in for surgery on a hiatal hernia, and ended up accidently having her sympathetic nerve cut, which was not an expected outcome of surgery, and caused her to lose her career (in fact, ANY career). The first thing the USAF did was to pursue cancellation of her nursing credentials in the licensing state, and then kicked her out of the military on a medical. She's now living on a small military pension and social security disability. The two surgeons at Wilford Hall escaped any disciplinary action, and went on to lucrative careers in the civilian world.

On a personal note, we found out that the likelihood of receiving adequate diagnostic care at the base we were at was directly correlated to the availability of the equipment needed to assist in that regard at the base hospital. Otherwise, something very dramatic had to happen before the patient was transported off base for care that ended up costing the USAF a lot of money. In our case, it did.

The Feres Doctrine needs to be abolished, and military healtchare providers held accountable for negligence, just as their civilian counterparts are.

From what I read here, it appears that many of the members have been in the same boat as my husband, with no recourse to do anything about it. The VA medical system is supposed to take care of the residuals, but to discuss the ways in which it only aggravates the problem would be preaching to the choir.

Share this post


Link to post
Share on other sites

Recommended Posts

Why is this veteran on a "Military Pension" and not on a VA Disability. You should check that out. The hiatal hernia that requires sugery as a minimum will be 30% and that is not including the additional residual complications that you have mentioned. Forget about moving mountains in the Feres Doctrine, focus on your (her) immediate problem.

I personally know a nurse anesthetist who went in for surgery on a hiatal hernia, and ended up accidently having her sympathetic nerve cut, which was not an expected outcome of surgery, and caused her to lose her career (in fact, ANY career). The first thing the USAF did was to pursue cancellation of her nursing credentials in the licensing state, and then kicked her out of the military on a medical. She's now living on a small military pension and social security disability. The two surgeons at Wilford Hall escaped any disciplinary action, and went on to lucrative careers in the civilian world.

On a personal note, we found out that the likelihood of receiving adequate diagnostic care at the base we were at was directly correlated to the availability of the equipment needed to assist in that regard at the base hospital. Otherwise, something very dramatic had to happen before the patient was transported off base for care that ended up costing the USAF a lot of money. In our case, it did.

The Feres Doctrine needs to be abolished, and military healtchare providers held accountable for negligence, just as their civilian counterparts are.

From what I read here, it appears that many of the members have been in the same boat as my husband, with no recourse to do anything about it. The VA medical system is supposed to take care of the residuals, but to discuss the ways in which it only aggravates the problem would be preaching to the choir.

Share this post


Link to post
Share on other sites

To allow the Feres Doctrine to go unchallenged is to invite similar discriminatory treatment against the military community in the future. The mountain needs moving...

Share this post


Link to post
Share on other sites

Yes, the mountain needs moving. Replacing a lost paycheck does nothing to replace a lifetime of lost health, happiness, self respect, and all else that is lost. Not to mention a persons equall rights in a country founded on freedom.

Share this post


Link to post
Share on other sites

Go right ahead and spend your energy in trying to move that mountain. In the interim, forget about and don’t pursue the benefits made available to you for injuries and diseases resulting from military service.

In any major task, the rule is to pick the low hanging fruits first. Prioritize the harder tasks and so you can continue to progress. In this case, work on obtaining the benefits first.

Abolishing the FD will do nothing to replace the health of that Nurse. Additionally, the doctrine protected that nurse and it also protects all other military members.

Feres refers to the name of a decision handed down by the United States Supreme Court* in 1950 which held that soldiers who were serving in the armed forces could not sue the United States for injuries received while on active duty. The opinion actually covers three different fact situations: in the Feres case itself, the soldier had burned to death in a barracks fire started by a defective heating plant; in the companion case of Griggs v. United States, the soldier was alleged to have died from medical malpractice by army surgeons; and in the case of Jefferson v. United States, the plaintiff, while on active duty in the army, had undergone an operation on his abdomen. Eight months later, after being discharged, he had to undergo another operation due to recurring pain in his abdomen. After opening him up, the surgeons pulled out a towel, 18 inches wide by 30 inches long, that had stenciled on it: "Medical Department U. S. Army"!

Share this post


Link to post
Share on other sites
Guest Berta

Feres is continually being challenged.

http://www.petitiononline.com/fd1950/petition.html

This subject brings something to mind that always bothers me-

I know some former Corpsmen. They were trained, even in a battle situation, to somehow document all injuries and treatment for the injured serviceperson. In a war course I took recently , war medics in the Civil war had left detailed documentation of injured soldiers they treated and the results. Civil war docs even had to document and control their medical supplies in the war theatre and account for their pack animals and the food and water allotted to them and their patients-

My point is this- knowing that Corpsmen had to document what they did-why is it that a vet's SMRs dont always have any of this info at all?

Lets face it, Corpmen answered to Command too and somewhere their documentation has to exist.

In the Nam-when an injured soldier was heloed out ,didnt -in some cases- some paperwork have to go with them?

I am volunteer with local Fire/EMS as auxilliary.

If we get a MVA- and you have maybe 4 patients or more and paperwork on all of them before the ambulance gets to the hospital-

I don't get it- a vet can have the PH based on a statement from a superior yet-

what happens to the paperwork on the actual GSW itself?

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

  • Ads

  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines