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Suing The Va


frosty69

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I would like to know, what the first step is, in trying to sue the VA for poor medical care, without a lawyer. I know you can't sue VA doctors, so have to sue the va instead, or do you file some kind of a claim for poor medical care.

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If the VA caused you injury you can persue a federal tort claim and go that way. You can also file a 1151 claim for disability sustained as a result of VA treatment. Personally I consider Berta Simmons the expert on this issue.

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Basically, I haven't suffered anymore disability or illness, that I know about, but in time I feel I will, but by then, it will be to late, there are many health issue's, but will try and explain 2 of them, first of all I got 20% comp, in jan of 2003 for diabetes 2, from agent orange, but in my medical papers from the va, it says I had diabetes from 1994, diet control, but no one told me till 2003, that I had diabetes, just that I was borderline, and to this day, I do not get daily testing materials, just blood work 2 times a year, plus I am on 4 different blood pressure medicines, and still not very good pressure, usually runs about 140 to 160 over 70 to 80, with pulse around 50-60, so I feel between the diabetes and.or blood pressure problems, it is going to be very hard on my health, plus being over weight. Voc Rehab, would of bought me a treadmill, but my Doctor at the VA said it wasn't his job to ok it. Plus I saw a copy of my medical papers at the VA from Dec. 2004, where my Docotor wrote, that I was suppose to walk to lose weight, but no treadmill was required, but have tried to explain to this jerk from India, that I live in a smaill town (217) people, we have no sidewalks, no recreation center, no nothing, if I want to walk in the winter time, have to walk in the street, where it is very icy, and where I fell and hurt my back a year ago, and just had surgery on it at a va hospital down in Iowa, 550 miles from my home, and had to pay all my own expenses, except for the .11 mile we get, and I am rated at 100% disabled from the VA, and am on SSDI, plus have other issues, that are to complicated to get in on this forum.

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Guest terrysturgis

Frosty69, I also have DMII and high blood pressure. I've been fighting the HBP for a long time. The medications I take for HBP are:Tiazac (240 mg), Hydrochlorothaiazide (25 mg) and Lisinopril (5 mg). I started taking the Lisinopril and the readings are a lot better. I'm not giving medical advice, just sharing with you what works for me. If you can get your BP down it makes the rest of the crap of the disease a little easier to tolerate. Take care of yourself. Terry Sturgis

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Frosty- I sure can relate to what you said about the need for a treadmill- we dont have sidewalks here-

Hills of New York-a VA doc asked my husband if he could walk three blocks- (he could hardly make it down our steps-we are about 50 feet higher then the road)-

due to his stroke- he had forgotten what a "block" was so his answer seemed to indicate he could walk further than he really could-

HBP can lead to some many other problems----a treadmill might be a very god idea-

do you feel comfortable in breaking down your 100% for us?

DO you have hyperlipidemia? Or Atherosclerosis?

WIthout any other etiology the VA could SC these conditions as secondary to your DMII.

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Terry

What is this 2-year limitations, 2 years from what date?

As for the blood pressure pills I take, they are:

Atenolol 50 mg a day

Lisinopril 40 mg a day

Diltiazem 120 mg once a day

Furosemide 20 mg a day

Plus on Metformin hcl 1000 mg tab once a day

Plus a 81 mg aspirin tab once a day, plus a bunch of other pills for other ailments

Berta

As for breaking down my 100%, no big deal

I had 70% for PTSD

20% for diabetes 2, plus a couple of zero % which equaled 80%, then I got TDIU, THEN WAS CALLED IN FOR A C&P exam, a couple of years ago, but wasn’t told it was a C&P exam, just was told to come in to mental health, then a month later, got a letter in the mail, that they had jumped me to 100% scheduler on account of panic attacks and agoraphobia, but I had asked these 2 ailments to be secondary to my PTSD, so don’t know if they screwed me or not. I never did get a breakdown of what I got for panic attacks and agoraphoboa.

As for hyperlipidemia or Atherosclerosis, I do not know what they are, but will look them up

My cholesterol has been under 200 all my life usually around 160, but last July it was up to 240, and have never smoked, so that has helped me a little, but started drinking in Vietnam, and made a pig out of myself, until about 12 years ago, when I quit, except for a couple of hot brandies once or twice a week.

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Frosty

You should try for housebound SMC due to your agraphobia. That is the definition of being housebound and since you are 100% schedular I think you could get it. It is a few extra bucks.

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John999

Have applied for house bound and aid & attendance, have been turned down at VARO level, and filed a appeal, that I want it sent to the BVA, as I was getting tired of their rubber stamped denial, I also have about 12 cases, that was suppose to be sent to the BVA, including 2 that I first apllied and was denied, for back in 1971, including back injury, and for my flat feet, that was aggravated by service, of course the VARO denied and I appealed, so will see how many years it takes this time.

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Frosty69

A friend of mine was approved for housebound due to agoraphobia so it is doable. I think you will win in the end if your panic disorder and agrophobia keeps you housebound. There are others here with the same problem.

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john999

I seldom leave my house or yard, except to go to doctors, have been like this about the last 10 years, I put a fence around my property 6 foot high last summer, so I can be outside, without having to see people, and also works good for the younger grandchildren, as I don't get to see them, unless they come to my house, as I don't go to theirs, hell of a life, but what can you do. I am just curious how the VA can prove or not prove, that a person seldom leaves the house.

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couple of interesting sites, I found concerning my original question

http://www.veteransparty.us/Medical.htm#CAN VETERANS

http://www.veteransparty.us/Medical.htm

http://www.mvc.dps.mo.gov/Fed_Ben.htm

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couple of interesting sites, I found concerning my original question

http://www.veteransparty.us/Medical.htm#CAN VETERANS

http://www.veteransparty.us/Medical.htm

http://www.mvc.dps.mo.gov/Fed_Ben.htm

Frosty- I would send the VA a picture of that fence- in a case like this family statements, even neighbor statements- if you feel comfortable asking for them-can help and of course, a clear diagnosis of agoraphobia is the best evidence.

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Dang Frosty,

You must live in the boonies. Here, we can only go 6 ft high across the back property line and on the sides up to even with the front of the structure.

If we fence off the front it can only be 4 foot high.

I AM IN ADMIRATION ! LOL

carlie

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Berta

Well the VA service-connected me for panic attacks and agoraphobia, so don't know what more proof the VA would need. I was to the VA primary care Doctor today, and asked him again, why I don't get supplies to check my diabetes on a daily basis, he told me, that if you are on pills for diabetes, you do not need to be checked daily, just every 6 months, if all the blood work and urine test is in good control, my gloucose was 121 today, everything else was within normal limits, my chlorestal was 125, but the bad chlorestal was a little low he said, 37, it should be over 40, I don't have a clue if he is telling me the truth or not

As for my fence, yes the little town in the boondocks is about 40 miles from Fargo, ND, Minn side, and if I wanted to, and could afford it, I could put up a 20 foot or higher fence, and don't need permits to do anything, as long as you own the property, and mine is bought and paid for, no mortgage. Yes will probably have to send them picturs of the fence, never thought of that, glad there are people on board, who still have their act together, my memory is about shot. I was suppose to go to washington dc to check out the sores on my head, and my balance problems, every since vietnam, but now they are trying to get out of it, as they want me to fly, and I don't fly, besides I would have to pay for my wife, I told them Amtrak stops in Fargo, and goes out their, they acted to me over the phone that was ok, now they say, I am not physical fit to make the trip, I even offered to drive out their, as I bought a new 2005 Ford 4x4 4-door Supercrew pickup, last August, gets 21 MPG, 300 HP triton motor, at 70-75 MPH, or at least it did, when I went down to the VA in Iowa a couple of months back, for my back surgery. long ways to drive, but if I could of got the answers for my sores on my head and body if would of been worth it, plus it could of been like a little vacation, for my wife and myself. I would like to see the VV memorial out there, have seen the mini walls, but not the same, as I know a few people who have their names on the wall, some from Vietnam, and some I went to school with.

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